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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 8,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Although the Defendant had had a history of criminal punishment for several times due to violent crimes, he/she assaulted the main employer in the state of repeated crime due to fraud, etc., and interfered with the main business by avoiding disturbance and neglecting happiness.
The risk of recidivism still remains unless the defendant improves the wrong drinking habits.
I seem to appear.
However, the defendant is detained for about three months, and his mistake is seriously against himself, and the degree of damage of this case is relatively minor.
In the court below, the victims of violence and the victims of violence do not want to be punished for the defendant.
The crime of this case appears to have been committed under the influence of alcohol by the Defendant under the influence of alcohol, and it seems that the Defendant’s parents continued to pay attention to and guide the Defendant, and wanting to take the Defendant’s wife, and the Defendant also expressed his intent to stop alcohol and continued to cure alcohol dependence in the future.
There are many things.
In full view of such circumstances as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, and all the sentencing conditions shown in the records and arguments, the sentence of the court below is deemed unfair.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
【Re-written judgment】 The criminal facts acknowledged by the court, the summary of the criminal facts and the evidence, and the summary of the evidence, of the judgment of the court below, are different from those of the judgment below (pre-written judgment) and the summary of the evidence.