상해
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
, however, for two years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for not more than ten months, the suspension of execution for two years, the community service work 120 hours, the second instance court: imprisonment with prison labor for not more than ten months and the suspension of execution for two years) is too unreasonable.
We examine ex officio the defendant's grounds for appeal prior to judgment.
This court decided to concurrently examine the appeal cases of the first instance judgment of the second instance judgment against the defendant, and on the other hand, each of the offenses committed in the judgment of the court below which found the defendant guilty is a concurrent offense under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act, so in this regard, the first and second lower judgment shall be reversed.
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 assertion of unfair sentencing, on the ground that there is a ground for reversal of authority above, and it is again decided as follows.
[C] The summary of the facts of the crime of this case and the defendant's summary of the evidence of the crime of this case are the same as that of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the occupation of driving a deadly weapon and the choice of imprisonment) concerning the crime;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [within the scope of adding up the long-term punishment for each of the crimes above];
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and community service order is that the defendant reflects his mistake, and the victim D.