상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for three months.
1. The sentence of the lower court (four months of imprisonment) to the point of the reasons for appeal is too unreasonable.
2. According to the evidence duly adopted and examined by this court, the Defendant was sentenced to three-year imprisonment for confinement, etc. at the Busan District Court on October 12, 2018, and the Defendant and the prosecutor appealed respectively, but the Busan High Court dismissed all the appeals filed by the Defendant and the prosecutor on January 31, 2019, and the judgment became final and conclusive on February 8, 2019.
Since the crime of the judgment of the court below and the above crime of confinement for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment for the crime of the judgment of the court below shall be sentenced in consideration of equity and equity in the case of concurrent crimes under the main sentence of Article 39(1) of the Criminal Act.
3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
【Grounds for the Judgment of the Supreme Court, 【The Defendant was sentenced to three years of imprisonment with prison labor on October 12, 2018 and the judgment became final and conclusive on February 8, 2019” in the first head of the crime of the judgment of the court below as well as the summary of the crime and the evidence acknowledged by the court below.
1. In addition to the addition of the Supreme Court case inquiry and the judgment of the court, it is identical to each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369
Application of Statutes
1. Relevant Article 257 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Grounds for sentencing under the latter part of Article 37 and Article 39 (1) of the Criminal Act handling concurrent crimes;
1. The scope of applicable sentences under law: Imprisonment for one month to seven years; and
2. The latter part of Article 37 of the Criminal Act that applies not to the sentencing criteria.