Text
The judgment below
The guilty portion shall be reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall be imposed on the defendant.
Reasons
1. Of the facts charged against the Defendant, the lower court dismissed the prosecution as to the Defendant’s assault against the Victim B, and sentenced the Defendant guilty as to the assault against the Victim C. Since only the Defendant appealed on the guilty portion among the lower judgment, the dismissal of the prosecution dismissed by the Defendant and the Prosecutor was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The grounds for appeal (unfair punishment) of the lower court (limited to four months of imprisonment and two years of suspended execution) are too unreasonable.
3. The judgment of the court below is too unreasonable in light of the fact that the defendant is seriously against the defendant, and the fact that the defendant received a letter from the victim C is confirmed, and other various sentencing conditions specified in the argument of this case, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the Judgment of the Supreme Court which has been written] The facts constituting a crime and summary of evidence recognized by the court are identical to the facts constituting a crime in the original judgment, and the summary of evidence is identical to each corresponding column of the original judgment. Thus, they are cited in accordance with Article
Application of Statutes
1. In full view of the relevant provisions of the Criminal Act, Article 260(1) of the Criminal Act regarding criminal facts, and the various sentencing conditions prior to the grounds for sentencing the choice of fines, the punishment shall be determined as ordered.