상해등
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 1 year and 6 months, and imprisonment with prison labor for 6 months) 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 criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury) and Article 260(1) of the Criminal Act (the point of violence) and the choice of imprisonment for the crime;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
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) Category 1 (General Bodily Inflicting) (hereinafter referred to as a "special aggravated person") of the General Injury, and the area of aggravated repeated crimes [the scope of recommended punishment] of the same type of repeated crimes (6 months to 2 years);
(b) Type 1 (General Bodily Infringed Persons) (Special Aggravationd Persons) of ordinary bodily injury, and the area of aggravation of repeated crimes [the scope of recommended punishment] of aggravated punishment (6 months to 2 years).
(c) Type 1 (general injury) (special aggravated) of the general injury of Type 3 (Determination of Type) and the same type of repeated crime [the scope of recommending punishment] aggravated area (6 months to 2 years).
(d)the final result of aggravating multiple offenses;