상습상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the Defendant was sentenced to the suspension of the execution of six months on June 27, 2013 by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Northern District Court on June 27, 2013, and the judgment became final and conclusive on July 5, 2013.
The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the death or injury caused before and after danger) and the crime of this case, which became final and conclusive, shall be sentenced to punishment for the crime of this case in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act due to concurrent crimes after Article 37 of the Criminal Act
Therefore, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are as follows. The first sentence of the facts constituting an offense in the judgment below was sentenced to a suspended sentence of two years on July 5, 2013 by the Seoul Northern District Court on June 27, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury caused by Danger).
Except for the addition of “,” it is identical to each corresponding column of the lower judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 264 and 257 (1) (including habitually injured persons) of the Criminal Act and the choice of imprisonment with prison labor for the crime;
1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the following points are favorable to the defendant for the reasons for sentencing under Article 39(1) of the Criminal Code.
Defendant’s confession of the facts charged of the instant case.