상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant agreed with the victim smoothly, and that the defendant does not commit a second offense in depth and does not live in good faith, etc.
2. According to the ex officio determination records, the Defendant, at the Seoul Southern District Court on April 14, 2016, was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and the judgment became final and conclusive on April 22, 2016.
Therefore, as the crime of injury to the defendant and the crime of violation of the Act on the Control of Narcotics, etc., which became final and conclusive in the judgment below, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for the crime of injury should be sentenced in consideration of equity in the case where the judgment is rendered at the same time under the main sentence of
In this respect, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the criminal facts recognized by this court and the summary of the evidence are as follows: “The defendant was sentenced on April 14, 2016 at the Seoul Southern District Court to imprisonment with prison labor and two months for the violation of the Act on the Control of Narcotics, etc. (hereinafter referred to as “the Act on the Control of Narcotics, etc.”) and the judgment became final and conclusive on April 22, 2016” in the first head of the judgment of the court below; “the summary of evidence” is the same as that of the judgment of the court below, except for adding “the copy of the judgment: the previous conviction in the judgment of 1.0” to “the copy of the judgment of the court below”
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. The latter part of Article 37 and Article 39 of the Criminal Act dealing with concurrent crimes.