상해
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The sentence (No. 1: Imprisonment with prison labor for 8 months, and imprisonment with prison labor for 1 year) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crime, Article 257 (1) (the point of injury, the choice of imprisonment with prison labor), Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 of the Criminal Act (the point of joint injury, the choice of imprisonment with prison labor), Article 239 (1) of the Criminal Act (the point of private signature), Article 239 (2) and (1) of the Criminal Act (the point of the exercise of signature of the above investigation), Article 239 (2) of the Criminal Act (the point of the exercise of signature of the above investigation)
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) A crime No. 1: A basic area (the scope of recommended punishment between April and June) that has no type 1 (the general person in charge of sentencing) (the general person in charge of sentencing) of the Punishment of Violences, etc. Act (the determination of type) (the determination of type)
B. 2 Crimes: No one type (general injury) (the general person in charge of sentencing) shall be injured [the scope of recommended punishment] (the person in charge of special sentencing];