폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of two million won.
The above fine shall not be paid by the defendant.
1. The grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won in penalty) is too unreasonable.
2. According to the search list by the Supreme Court reversed ex officio in accordance with the final judgment, the Defendant was sentenced to six months of imprisonment with prison labor for assault, etc. at the Seoul Eastern District Court on May 16, 2018 and the judgment becomes final and conclusive on October 23, 2018. The crime of this case is in the relation of concurrent crimes between each of the above crimes for which punishment becomes final and conclusive and the latter part of Article 37 of the Criminal Act, and is determined in consideration of equity with which judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act. Thus, the lower judgment cannot be upheld.
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 ruled as follows through pleading.
[Grounds for the judgment in Seoul Eastern District Court sentenced the defendant to six months of imprisonment due to assault, etc. at the Seoul Eastern District Court on May 16, 2018, and the judgment became final and conclusive on October 23, 2018.
“A previous conviction in the judgment of the Supreme Court in the summary of the evidence” is the same as the corresponding column of the judgment of the court below, except for adding B, the search table of the Supreme Court in B's case, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 260 (1) of the Criminal Act concerning the crime. Article 260 (Selection of Penalty)
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;