상해등
The guilty part of the first judgment and the second judgment shall be reversed respectively.
Defendant shall be punished by imprisonment of one year and two months and by a fine of three million won.
1. In the first judgment of this court (with regard to the first judgment of this court), the court below dismissed the prosecution of intimidation among the facts charged and convicted all the remaining facts charged. Since the defendant and prosecutor appealed only the guilty part and dismissed the public prosecution without appeal by the defendant and prosecutor, the scope of the judgment of this court is limited to the part which the court below found guilty.
2. Summary of grounds for appeal;
A. The sentence sentenced by the lower court to the Defendant (the first judgment: imprisonment with prison labor for 10 months, the second judgment: imprisonment with prison labor for 1 year and 6 months, the suspended execution for 3 years, and the fine for 3 million won) is too unreasonable.
(B) On December 24, 2012, 2012, following the pronouncement of the second judgment, the Defendant submitted a petition of appeal to the second judgment on December 24, 2012, and failed to submit the statement of grounds for appeal within 20 days from the date on which he was served with the notification of the receipt of trial records, etc. from the court. On January 17, 2013, the Defendant stated the grounds for appeal on the second judgment on the date on which January 24, 2014 at the trial date
The sentence imposed by the court below of the first instance judgment on the defendant is too unhued and unfair.
3. The appeal case against the judgment of the court of first instance and the appeal case against the judgment of the court of second instance were examined by combining the appeal case against the judgment of the court of second instance, prior to the judgment on the grounds for appeal ex officio (joint examination in the appellate court), and each offense in the judgment of the court of second instance is in a concurrent relationship with each other under the former part of Article 37, and shall be sentenced to a single sentence within the scope of the term of punishment for concurrent crimes under Article 38(1). Therefore, the judgment of the court below against the defendant cannot escape from all reversal.
Each court of the first instance which deliberated on several criminal facts against the same defendant by first instituting a public prosecution and separately instituting a public prosecution for the remaining criminal facts.