특수폭행등
The part on the defendant and the second judgment of the court of first instance shall be reversed.
The defendant shall be sentenced to one year of imprisonment.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for 1 year, 200,000 won for a surcharge, 200,000 won for a surcharge: imprisonment with prison labor for 2 months, and 200,000 won for a surcharge) that the lower court declared is too unreasonable
2. Prior to the judgment on the grounds for appeal ex officio, this Court rendered an appeal against the judgment of the court below by the defendant against both the above cases of appeal and decided to hold concurrent hearings. Each of the offenses against the defendant by the court below constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed within the scope of the term of punishment imposed on the defendant under Article 38(1) of the Criminal Act. As such, the part against the defendant in the first judgment and the second judgment cannot be maintained any more.
3. As such, the part on the defendant in the first judgment and the second judgment of the court of appeal on the grounds of the above ex officio reversal, without examining the defendant's assertion of unfair sentencing, the part on the defendant in the first judgment and the second judgment under Article 364 (2) of the Criminal Procedure Act are reversed, and the second judgment are all reversed, and they are
Criminal facts
The summary of the facts constituting an offense acknowledged by this court and the summary of the evidence thereof are as shown in the corresponding column of the judgment below, except where the court's partial statement "1." in the first instance court's summary of the evidence "2015 Go-Ma7317" case "1. The defendant's oral statement is "1. The defendant's oral statement" as stated in the corresponding column of the judgment below. Thus, it is acceptable in accordance with Article
Application of Statutes
1. Relevant Article of the Criminal Act, Articles 284, 283(1) (Appointment of special intimidation, choice of imprisonment), Article 260(1) of the Criminal Act, Article 60(1)2, and Articles 4(1)1 and 2 subparag. 3(b) (Appointment of imprisonment) of the Act on the Control of Narcotics, Etc. to commit a crime;
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;