특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the records and the defendant's trial testimony at the trial court, the defendant was sentenced to five years of imprisonment with prison labor for robbery, etc. at the Seoul Central District Court on June 17, 2016 and the judgment became final and conclusive on December 15, 2016.
Therefore, inasmuch as the crime of robbery and the crime of injury to the defendant, which became final and conclusive in the judgment of the court below, are concurrent crimes after Article 37 of the Criminal Act, the punishment for the crime of robbery as stated in the judgment of the court below should be sentenced in consideration of the equity in the case where the judgment is concurrently rendered pursuant to Article 39
In this respect, the judgment of the court below cannot be maintained as it is.
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 unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “The Defendant was sentenced to five years of imprisonment with prison labor for robbery, etc. at the Seoul Central District Court on June 17, 2016 and the judgment became final and conclusive on December 15, 2016.
In addition to adding “A” to “a summary of evidence” column, “A defendant’s oral statement” is the same as the corresponding column of the lower judgment. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 258-2(1), 257(1) (the point of special injury), 350(1) (the point of conflict, the choice of imprisonment), 347(1) (the point of fraud, the choice of imprisonment, and the choice of punishment) and 260(1) (the point of assault, the point of imprisonment and the selection of punishment) of the Criminal Act concerning the facts of crime;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 37 of the Aggravation of Concurrent Crimes Act.