상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. In light of the purport of the grounds for appeal that the Defendant had the same criminal records and the nature of the instant crime is not good, the punishment imposed by the court below (5 million won of a fine) is too uneasible and unreasonable.
2. Article 35(1) of the Criminal Act for ex officio determination provides, “Any person who commits a crime equivalent to or greater than imprisonment without prison labor, which has been sentenced to imprisonment without prison labor or heavier punishment, within three years after the execution of the sentence is completed or exempted, shall be punished as a repeated crime.” Here, “a crime equivalent to or more than imprisonment without prison labor” refers to a crime which is punishable by a limited imprisonment without prison labor or a limited imprisonment, and thus, a repeated crime may not
(2) Article 35 of the Criminal Act provides that the Defendant shall be subject to a repeated crime, and Article 35 of the Criminal Act provides that the Defendant shall be subject to a repeated crime and shall be subject to a repeated crime, and the Defendant shall be subject to a repeated crime under Article 35 of the Criminal Act (see, e.g., Supreme Court Decision 82Do1702, Sept. 14, 1982).
In this respect, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without a need to decide on the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged by the court and the summary of the evidence are as follows. The first part of the facts charged in the judgment of the court below, with the exception of deletion of the following: "The defendant A was sentenced to ten months of imprisonment on August 14, 2012 with prison labor for the crime of injury, etc. at the sexual branch of the Daegu District Court and completed the execution of the sentence on April 24, 2013" and the summary of the evidence "1. The previous records of the judgment of the court: criminal records, etc. (A), investigation reports (verification of suspect A repeated crimes and criminal records of the same kind), personal identification/admissions, written judgments, etc."