상해등
The judgment of the court below is reversed.
The defendant shall be punished by imprisonment with prison labor for four months for each of the crimes of injury as stated in the judgment below.
1. Summary of grounds for appeal;
A. The Defendant (as to the part of the judgment below regarding the crime of injury) was guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding the facts, on the grounds that the Defendant merely took clothes of the victim, and did not injure the victim by breaking the victim’s face or pushing the victim’s face.
B. Prosecutor 1) misunderstanding of the legal principles [the part concerning the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (non-licenseed driving)] are committed in this part of the judgment of the court below, and since the defendant is still under the probation period until now since the judgment of the probation becomes final and conclusive due to the previous conviction of the crime of false accusation as stated in the judgment of the court below, the defendant cannot be sentenced to the probation under Article 62 (1) of the Criminal Act.
Therefore, the lower court erred by misapprehending the legal doctrine that sentenced the suspension of the execution of imprisonment with prison labor for each of the crimes.
2) Each sentence (two years of the suspended sentence of imprisonment for each injury, two years of the violation of the Road Traffic Act, two years of the suspended sentence of six months, 160 hours of the community service order, and 40 hours of the order to attend a lecture) imposed by the court below which was unfair in sentencing (for each injury crime, two years of the suspended sentence of imprisonment for the term of four months, the violation of the Road Traffic Act, and the violation of the Road Traffic Act
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the judgment
The court below, on the ground that each of the crimes of injury as stated in the judgment of the court below was in a concurrent relationship between the crime of false injury as stated in the judgment of the court below and the crime of injury as stated in the latter part of Article 37 of the Criminal Act, sentenced two years of imprisonment for a term of four-month suspension, the crime of violation of Road Traffic Act (drinking) and the crime of violation of Road Traffic Act (licensed driving) as stated in the judgment of the court below, and sentenced two years of a six-month suspended sentence, but without specifying whether the community service order and the order to attend lecture was added to any of