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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 10 million.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of the grounds for appeal and the sentencing (a fine of five million won is imposed in the original trial);
2. Determination Doesck, the Defendant re-offendered during the repeated period, the degree of injury suffered by the victim is not easy, and the prosecutor’s argument that the degree of injury is heavier than that of multiple previous and previous crimes is correct.
In addition, comprehensively taking account of the conditions of sentencing under Article 51 of the Criminal Act, the lower court’s punishment is too uneasible and unreasonable.
3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Reasons for the judgment of the court] Summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment of the court below.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant Article 257 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The sentencing of Article 334(1) of the Criminal Procedure Act prior to the sentencing of the provisional payment order shall be determined as ordered in consideration of the various circumstances.