상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (the first instance judgment: imprisonment with prison labor for a period of one year and six months, and the second instance judgment: a fine of five million won) that the lower court pronounced is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the judgment of the court below that sentenced the defendant as the case of each case of the judgment below that the defendant appealed was joined in the trial of the court of the court below, and thus, the criminal facts in the judgment of the court below against the defendant are concurrent crimes in accordance with the former part of Article 37 of the Criminal Act, and one punishment should be sentenced at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below
3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court of first instance and the judgment of the court of second instance are reversed without examining the defendant's assertion of unfair sentencing.
[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, and thus, the gist of the evidence is identical to each corresponding column of the judgment below. Thus, they are cited in accordance with Article 3
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act, Articles 329 and 31 (1) of the Criminal Act, Article 362 (1) of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Articles 260 (1) of the Criminal Act, each of the choice of punishment for the crime;
1. Article 35 of the Criminal Act among repeated crimes;
1. Among concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the Defendant, who was sentenced to imprisonment with prison labor for violent crimes, committed the instant crime again on two months after the date on which he was released from prison, and even while being tried, committed the instant crime again, and the nature of the crime is very poor.
Although the defendant agreed with some victims, the same crime is repeated.