폭행등
The judgment of the court below is reversed.
The defendant is punished by imprisonment with prison labor for each of the crimes in the judgment of the court below 2017 High Order 2726.
The summary of the grounds for appeal by the defendant is that the punishment sentenced by the court below (one year of imprisonment) is too unreasonable, but it is considered ex officio before determining the grounds for appeal.
According to the records of this case, the Defendant was sentenced to one year and two months of imprisonment and a fine of KRW 300,000 for special intimidation in this court on September 8, 2016, and the judgment became final and conclusive on February 17, 2017. As such, each of the crimes in the judgment of the court below 2017 order 2726, which the Defendant committed before the above judgment becomes final and conclusive, is the relation between the above special intimidation and the latter part of Article 37 of the Criminal Act.
Therefore, each crime of the judgment below 2017 Highest 2726 cases should have been tried separately by taking into account the equity and cases where a judgment is to be rendered simultaneously with the above special intimidation, etc. which became final and conclusive pursuant to Article 39(1) of the Criminal Act. The court below erred by holding that each crime of the above case and the defendant committed after the above judgment became final and conclusive, shall be deemed to be concurrent crimes under Article 37 of the Criminal Act, and the judgment of the court below shall not be maintained any further since each crime of the above case and the defendant committed after the above judgment became final and conclusive.
In addition, the judgment of the court below, which is based on the initial institution of public prosecution due to changes in the indictment made at a single trial, can no longer be maintained in this respect.
Therefore, the judgment of the court below shall be reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act, and the judgment shall be rendered again after pleading as follows.
Criminal facts
All of the facts of the facts of the lower judgment on the summary of the evidence and the facts charged by the lower court, “The Defendant was sentenced to six months of imprisonment at the Jeju District Court on September 19, 2014 due to a violation of Road Traffic Act (driving), etc., and completed the enforcement of the said sentence on February 18, 2015. On September 8, 2016, the same court was sentenced to one year and two months of imprisonment and a fine of three hundred thousand won on September 17, 2017, and became final and conclusive on February 17, 2017.
“” and the lower court’s summary of the evidence in 2017 order 2726 case.