폭행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) the Defendant only left his body in order for the victims to resist and defend them.
2. We examine ex officio prior to the judgment on the Defendant’s assertion.
According to the records, the defendant was sentenced to eight months of imprisonment on June 17, 2016 for a violation of the Road Traffic Act (drinking driving) in the Goyang Branch of the Jung-gu District Court for the crime of violation of the Road Traffic Act on November 25, 2016, and the judgment became final and conclusive on November 25, 2016. The crime of this case and the above crime for which punishment became final and conclusive in the judgment above are concurrent crimes in relation to the crime of this case after Article 37 of the Criminal Act and the crime of this case should be sentenced to punishment for each of the crimes of this case by considering equity in cases where each of the crimes of this case and the above crime for which punishment became final and conclusive in accordance with Article 39(1)
Although there are such reasons for reversal of authority, the defendant's above assertion is still subject to the judgment of this court, and this will be examined as follows.
3. According to the evidence duly adopted and examined by the court below, such as CCTV images, which judged the misunderstanding of facts and the legal principles, the defendant's assertion is without merit, since it is sufficiently recognized that the defendant assaultsd and inflicted bodily injury on the victim H as stated in the facts charged in the judgment of the court below.
4. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act on the grounds of the above ex officio reversal, and the following decision is delivered through a new legal theory.
[Re-written judgment] The summary of the facts constituting a crime and evidence recognized by this court is the first head of the lower judgment’s criminal facts and the summary of the evidence. The judgment of November 25, 2016 became final and conclusive on the following grounds: (a) the Defendant was sentenced to eight months of imprisonment for a violation of road traffic law (driving) in the Goyang Branch of the Jung-gu District Court on June 17, 2016.
Except for the addition of “,” the judgment of the court below.