특수상해등
Of the first and second original judgments, all parts against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal is unreasonable from the judgment of the court below [the defendant A (the first instance court: 1 year, etc. of imprisonment with prison labor for the second instance; 10 months, etc. of imprisonment with prison labor for the second instance)] and the defendant J (the second instance court: 1 year, etc. of imprisonment with prison labor for the second instance).
2. We examine ex officio the judgment on the grounds for appeal by Defendant A prior to the judgment on the ex officio decision on the grounds for appeal by Defendant A.
Defendant
On A, the first and second judgments were sentenced to each of them, and the above defendant filed an appeal against them, respectively, and this court decided to hold a joint hearing of the two appeals cases.
Defendant
Since each crime of the lower judgment against A is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act, the part of the lower judgment and the second judgment against Defendant A cannot be maintained as it is.
3. The lower court determined the Defendant J’s allegation of unfair sentencing by taking into account the favorable and unfavorable circumstances to Defendant J, as seen above, the sentence against the said Defendant.
In full view of all the circumstances that are conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the original court’s punishment.
In addition, even if Defendant J’s age, the environment, the background and consequence of the crime, and the circumstances after the crime were committed, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unreasonable for the lower court to have exceeded the reasonable scope of discretion.
Defendant
J’s assertion of unreasonable sentencing is without merit.
4. The part on Defendant A, among the first and second original judgments, has grounds for reversal of authority as above, without examining the allegation of unfair sentencing by Defendant A pursuant to Article 364(2) of the Criminal Procedure Act, the part on Defendant A, among the first and second original judgments, shall be reversed, and all of the parts on Defendant A shall be reversed, and the subsequent arguments shall be made as follows.