상해등
The judgment of the court of first instance (excluding the dismissal part of an application for compensation) and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment.
1. The judgment of the court of first instance rejected the application for compensation order B, the applicant for compensation.
An applicant for compensation cannot file an objection against a judgment dismissing an application for compensation order pursuant to Article 32 (4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and the foregoing dismissed portion shall be excluded from the scope of the adjudication of this
2. The summary of the grounds for appeal (e.g., the judgment of the court of first instance: imprisonment with prison labor for April and the judgment of the court of second instance for August) against the defendant is too unreasonable.
3. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
The Defendant filed each appeal against the judgment of the court below in the first and second instances, and this court decided to jointly examine the above two appeals cases.
The judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and a sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.
4. Accordingly, the judgment of the court below is reversed without examining the defendant's assertion of unfair sentencing, and the remaining parts of the judgment below excluding the rejection part of the application for compensation order of the first instance among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act are reversed, and it is again decided as follows through the pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is the same as the corresponding column of the judgment below of the court below of first and second. Thus, they are cited as it is 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 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 (1) and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Code of Trade Competition.