폭행
The judgment of the court below is reversed.
Punishment on the accused shall be determined as a fine of 700,000 won.
The above fine shall be imposed on the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 1.5 million) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, on May 29, 2015, the Defendant was sentenced to six months of imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) in the wooden Branch of the Gwangju District Court on May 29, 2015, and the judgment became final and conclusive on June 6, 2015. The instant crime is in a concurrent crime of violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and thus, a punishment should be determined by taking into account the case of concurrent judgment and equity pursuant to Article 39
Therefore, the judgment of the court below cannot be maintained any more.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is a person who was sentenced to six months of imprisonment with labor for a crime in violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) in the first head of the judgment of the court below on May 29, 2015 and the judgment became final and conclusive on May 29, 2015 in the first head of the judgment of the court below.
“A copy of the judgment of 1. [1.] [1.]] is the same as the corresponding column of the judgment of the court below, except for the addition of “a copy of the judgment of 2015 High Court Decision 483] to the main column of the evidence.” As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;
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. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act.