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The judgment of the first instance is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
A fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The Defendant did not inflict any injury on the victim.
B. The sentencing of the first instance court of unfair sentencing (one year of imprisonment) is too unreasonable.
2. Determination
A. According to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal of ex officio, the Defendant was sentenced to two years for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.), at the Seoul Central District Court on October 23, 2014, and the said judgment became final and conclusive on May 14, 2015. The crime for which the said judgment became final and conclusive and the crime of injury in this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, by taking into account the case of concurrent crimes under Article 39(1) of the Criminal Act and the equity, and after examining whether to reduce or exempt the sentence, the judgment of the first instance cannot be upheld.
However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined below.
B. Comprehensively taking account of the evidence duly adopted and examined by the first instance court on the assertion of mistake, the defendant can be found to have inflicted an injury on the victim as stated in the judgment of the first instance court, and the defendant's assertion contrary thereto is without merit.
3. Thus, the defendant's assertion of mistake of facts is without merit, but the judgment of the court of first instance has a ground for ex officio reversal. Thus, the judgment of the court of first instance is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument of unfair sentencing, and
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as follows: "No. 23, 2014" and "no. 23, 2014."