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The judgment below
The remainder, excluding the dismissed portion of the application for compensation order, shall be reversed.
Each of the defendants is against the defendants.
Reasons
1. The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (the fine of KRW 500,000) is too unreasonable.
(The defendant explicitly withdraws his assertion of misunderstanding of facts on the date of the first instance trial). 2. Determination of this case, the degree of injury suffered by the victim is relatively weak, and the fact that it is not yet agreed with the victim is disadvantageous to the defendants.
However, in the first instance trial, the Defendants showed an attitude against the Defendants to recognize the instant crime, the degree of violation of the Defendants’ duty of care is relatively heavy, and the court below deposited KRW 300,000 for the victim, and additionally deposited KRW 170,000 in the first instance trial to recover considerable damage, and the Defendants filed a written application to the Defendants to the effect that they resist the Defendants’ wife against the Defendant. In full view of all other favorable circumstances, including the Defendants’ age, character and conduct, environment, background and method of the instant crime, circumstances after the instant crime, criminal records, and criminal records, etc., and other circumstances that form the conditions for sentencing as shown in the records and arguments, the lower court’s punishment against the Defendants is unreasonable.
3. As such, the Defendants’ appeal is with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, the remaining parts of the judgment below excluding the rejection part of the application for compensation order among the judgment below are reversed, and the remaining parts are
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) other than adding “1. Defendants’ oral statement” to the summary of the evidence of the judgment below, it is identical to each corresponding column of the judgment of the court below; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions concerning facts constituting an offense;