폭력행위등처벌에관한법률위반(공동폭행)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 4,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (one month of imprisonment with prison labor for a maximum of two months) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, according to the Defendant’s statement at the trial court’s own discretion, the Defendant was sentenced on July 23, 2015 to 1 year and 6 months short-term imprisonment due to habitual special larceny, etc. in the Daejeon District Court’s astronomical Branch, and the judgment became final and conclusive on November 20, 2015. As above, each of the crimes of this case, such as habitual larceny, etc., for which the judgment became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, and the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Accordingly, the lower court, which omitted such measures, became unable to be maintained.
3. Therefore, 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 of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
Criminal facts
The substance of the facts charged and the summary of the evidence admitted by this court is the first head of the judgment of the court below, and the judgment of November 20, 2015 became final and conclusive on July 23, 2015, when the defendant was sentenced to imprisonment with prison labor for a maximum of one year and six months for habitual special larceny, etc. in the Daejeon District Court's astronomical Branch of the Daejeon District Court on July 23, 2015.
“A previous conviction in the judgment of the court below” is the same as the corresponding column of the judgment of the court below, except for adding “a prior conviction in the judgment of the court below” in the space where the evidence is used. As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same) regarding criminal facts; Article 2(1) of the Criminal Act (the point of joint assault) and the Gu.