상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The punishment (No. 1: Imprisonment with prison labor for 10 months, and a fine of 2 million won) that was pronounced by each of the original judgments in the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, this Court tried ex officio prior to the judgment on the grounds for appeal of ex officio, and this Court tried by combining these cases with the Defendant’s appeal against each of the judgment below. Each of these crimes committed by the above Defendant constitutes concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, should be adjudicated simultaneously pursuant to Article 38 of the Criminal Act and sentenced to a single sentence. In this regard, each of the judgment below
3. Accordingly, the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and it is so decided as follows.
Criminal facts
The summary of the evidence and the facts charged by the court against the defendant and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning criminal facts, Article 257 (1) of the Criminal Act that prescribes the punishment, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Articles 152 and 43 of the Road Traffic Act, Article 329 of the Criminal Act that prescribes the punishment;
1. From among concurrent crimes, an aggravated punishment for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Punishment of Violences, etc. which is the most severe punishment (aggravatedly weapons, deadly weapons,
1. The degree of damage and damage to property under Articles 53 and 55(1)3 of the Criminal Act does not focus on discretionary mitigation, and the victim of larceny wishes to punish the defendant.