상해등
The judgment of the court below is reversed.
As to each of the crimes of injury and obstruction of the performance of official duties in the judgment of the defendant, it shall be sentenced to four months.
1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below against the defendant (ten months of imprisonment) is too unreasonable.
2. Ex officio determination
A. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act, where a crime for which judgment has not yet been rendered could not be judged concurrently with a crime for which judgment has already become final and conclusive, concurrent crimes under the latter part of Article 37 of the Criminal Act cannot be established and concurrent crimes under the latter part of Article 39(1) of the Criminal Act cannot be established, and the sentence may not be mitigated
(See Supreme Court Decision 2014Do469 Decided March 27, 2014. The lower court deemed that each of the crimes of injury and obstruction of the performance of official duties (the crime in the Daegu District Court Decision 2014Da590) as indicated in its holding constituted the crime of acquiring stolen goods for which judgment became final and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, and that the latter part of Article 39(1) of the Criminal Act was concurrent crimes
According to the records, on January 14, 2014, the Defendant was sentenced to a two-year suspended sentence of one year for violating the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Seoul District Court Branch Decision 2013Ra1339; hereinafter referred to as "judgment") at the Seogu District Court Branch Branch Branch of the Daegu District Court on January 22, 2014, and the judgment became final and conclusive on January 22, 2014 (Seoul District Court Branch Branch Branch Decision 2013Ra139; hereinafter referred to as "the judgment"), and the Defendant was sentenced to a two-year suspended sentence of eight months for acquisition of stolen goods at the Seoul Southern District Court on June 24, 2014 on July 2, 2014 (Seoul Southern District Court Decision 2014Ma1055, hereinafter referred to as "the judgment"), and criminal facts of the judgment were "the Defendant was driving a vehicle without a license on July 30, 2013, and the victims did not suffer any injury to the victims."