상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for six months and by a fine of eight thousand won.
The defendant above.
1. The sentence imposed by the lower court (No. 1: Imprisonment with prison labor for 6 months, and a fine of 8 million won) on the summary of the grounds for appeal is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried in the court at the same time, and as long as each crime of the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a single sentence should be sentenced.
In this respect, the judgment of the court below is no longer maintained.
3. If so, the judgment of the court below is reversed ex officio, and without having to make a judgment on the defendant's unfair argument of sentencing, all of them are reversed pursuant to Articles 364 (2) and 364 (6) of the Criminal Procedure Act and the pleading is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
Article 257(1) of the relevant Criminal Act (the point of injury), Article 366 of the Criminal Act (the point of damage to property), Article 148-2(1)2, and Article 44(2) of the Road Traffic Act (the point of refusal to measure drinking), Article 152 subparag. 1, and Article 43 of the Road Traffic Act (the point of non-licensed driving) for criminal facts
1. Selection of sentence and damage of property, each imprisonment with prison labor, violation of road traffic Acts, and violation of road traffic Acts, and selection of fines for each violation of road traffic Acts;
1. The concurrent crimes provided for in the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(1)3 and 50 of the same Act shall be punished by imprisonment with prison labor and a violation of traffic laws (remarking) and a violation of road traffic laws (unlicensed driving) with respect to the crimes of injury and damage to property, to the extent that the punishment with respect to the crimes of injury and damage to property is added to the aggravated concurrent crimes, and the punishment with respect to the crimes of violation of road traffic laws (remarking a drinking), of which heavier punishment is imposed.