폭력행위등처벌에관한법률위반(공동상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfasible.
2. According to the evidence duly adopted and examined by the court below and the court below on February 10, 2014, prior to the judgment on the grounds for appeal ex officio, the defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) at the Incheon District Court on February 10, 2014, and the judgment became final and conclusive on February 18, 2014. Since each of the crimes in the judgment of the court below is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) for which the judgment of the court below has become final and conclusive, the punishment shall be determined after examining whether to reduce or exempt the punishment in consideration of equity and the case where the judgment of the court below
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows, without examining the prosecutor's ex officio reversal grounds as seen earlier.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is to add "the defendant was sentenced to two years of suspension of execution to October on February 10, 2014 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-in Vehicles) by the Incheon District Court on February 10, 2014, and the above judgment became final and conclusive on February 18, 2014" to "the defendant's partial statement" in the summary of the evidence to "1.1. The defendant's written statement" in the last part, and "1.1. previous records" in the judgment of the court below, except for addition of "the defendant's written statement in court and criminal records" to "the defendant's written statement in court: