특수상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.
2. Ex officio determination
A. The relevant legal doctrine states that “a crime for which a judgment to face with imprisonment without prison labor or a heavier punishment has become final and conclusive and a crime committed before such judgment has become final and conclusive” constitutes concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a crime for which judgment has not been rendered among concurrent crimes under Article 39(1) of the Criminal Act and a crime for which judgment has become final and conclusive shall be sentenced in consideration of equity in cases where a crime for which judgment has not yet become final and conclusive cannot be adjudicated at the same time with a crime for which judgment has already become final and conclusive, it is reasonable to interpret that a sentence shall not be imposed or mitigated or remitted in consideration of equity in cases where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and a crime for which judgment has already become final and conclusive (see, e.g., Supreme Court Decision 2013Do12003, May 16, 201).
However, according to the records, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) in the Vice-Support of the Incheon District Court on April 15, 2010.
6. 18. The judgment was final and conclusive, and was sentenced to four months of imprisonment for an injury at the Incheon District Court on August 18, 2010 and sentenced to the same year.
8. The judgment became final and conclusive on December 29, 201, and the judgment was final and conclusive on January 6, 201, and on March 14, 201, the Seoul Southern District Court sentenced one year to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Southern District Court on March 14, 201.
6. 25. The fact that the judgment became final and conclusive (hereinafter referred to as “pre-trial”).