폭행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The summary of the grounds for appeal that the court below rendered against the defendant (one year and six months of imprisonment) is too unreasonable.
2. According to the evidence duly adopted and examined at the lower court’s ex officio determination, the Defendant was sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Eastern District Court on February 7, 2013, and the execution of the sentence was terminated on August 6, 2014 at the Gansung Vocational Training Institution, and each of the instant crimes was committed within three years thereafter.
Therefore, the lower court erred by omitting the punishment within the scope of punishment aggravated for repeated crime under Article 35 of the Criminal Act with respect to each of the crimes of this case, and thus, the lower court’s judgment cannot be maintained any further in this regard.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment below is again ruled as follows after pleading.
Criminal facts
The summary of the facts constituting an offense and evidence acknowledged by this court is as follows: (a) the summary of the evidence of the court below’s judgment (“the Defendant’s partial statement” as “1. The Defendant’s legal statement” as “1. The Defendant’s legal statement” is the same as the corresponding column of the court below’s judgment; and (b) thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 260(1) of the Criminal Act (the point of assault, the choice of imprisonment), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, the choice of imprisonment), Article 330 of the Criminal Act (the point of larceny by intrusion at night) concerning the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are recognized as a whole, and thus, the defendant is in depth and reflects his depth, and is a relatively lower age than 22 years of age.