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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.
2. Determination
A. The appellate court is reasonable to respect the sentencing condition in comparison with the first instance court, where there is no change in the conditions of sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The defendant paid 3 million won agreed upon to the victim, and the victim does not want to punish the defendant.
This case is the end that the defendant and the victim, who are residents of the same apartment, came from the body fighting with the vision in the elevator, and the defendant is not fully responsible for the occurrence itself.
This is the circumstances favorable to the defendant.
On the other hand, the circumstances unfavorable to the defendant are as follows.
In other words, the degree of injury suffered by the victim is not weak.
The Defendant was sentenced to a suspended sentence of imprisonment with labor for the crime of bodily injury in 2014 and was sentenced to a fine for the crime of bodily injury in 2016 and 2018. The Defendant committed the instant crime even though he had a record of being investigated four times due to the crime of assault in the similar time.
Although the Defendant received diagnosis, such as ADD, the Defendant did not take a therapy for more than three to four years, and as a result, it became difficult to control the appraisal of other people’s contact or stimulation (the written diagnosis of the Defendant on May 11, 2020 in the trial record). Therefore, if the Defendant had received proper treatment, such as taking medicine, it would have been able to prevent a crime due to minor conflict with other parties, such as this case.
Nevertheless, the Defendant did not seem to have an attitude against the outcome of the instant case.
C. As above, the lower court appears to have determined the sentence in consideration of the overall circumstances favorable to or unfavorable to the Defendant, and otherwise, the Defendant’s age.