특수폭행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to three years of imprisonment with labor for special robbery and for minor self-harm hobbys in the Seoul Eastern District Court on August 19, 2016, and the above judgment became final and conclusive on February 2, 2017. The crime for which the judgment became final and conclusive and the crime of the lower judgment in the concurrent relation to the latter part under Article 37 of the Criminal Act, and the crime of the lower judgment in the concurrent relation to the latter part under Article 39(1) of the Criminal Act, and thus, the lower judgment was unable to maintain as it is.
3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, on the grounds that the court below's judgment is reversed ex officio, and the following judgment is rendered after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is as follows. The defendant was sentenced to three years of imprisonment for special robbery and minor self-help hobby in the Seoul Eastern District Court on August 19, 2016 and the above judgment became final and conclusive on February 2, 2017.
“1. A previous conviction in the judgment of the court below” is added to “1. A criminal history inquiry” in the summary of the evidence, and it is identical to the corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Articles 261 and 260 (1) of the Criminal Act concerning the selection of criminal facts;
1. The latter part of Article 37 of the Criminal Procedure Act: (a) the reason for sentencing under the first sentence of Article 39(1) is the time when the defendant committed a crime and is repented; (b) this case concerns a crime committed before the judgment of the defendant became final and conclusive; (c) however, the nature of the crime of this case committed by the defendant with dangerous articles is not less complicated, and the victim is against the defendant.