재물손괴등
The conviction part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
The judgment of the court of first instance on the defendant.
1. The first instance court dismissed the prosecution of assault among the facts charged against the defendant. As long as only the defendant appealed from the judgment of the first instance on the grounds of unfair sentencing, the dismissal of the above indictment was separated and finalized, the scope of the judgment of this court is limited to the first instance court's conviction and the second instance court's judgment.
2. Summary of grounds for appeal;
A. The sentence imposed by the lower court (ten months of imprisonment and three million won of fine) is too unreasonable.
B. At the time of committing the crime as indicated in the judgment of the court below, the Defendant was in a mental and physical state by drinking.
3. Determination
A. Before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to imprisonment with prison labor for six months on August 20, 2009 and imprisonment for two years on August 28, 2009 with prison labor for injury at the Seosan Branch of the Daejeon District Court, which became final and conclusive on August 28, 2009. The crime of paragraph (3) of the judgment of the court of first instance is related to concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime for which the judgment became final and conclusive, and is determined after examining whether to reduce or exempt punishment in consideration of equity and cases where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. Thus, the conviction portion of the judgment of the court of first instance, which did not take such measures, is
In addition, as each case of the judgment below appealed by the defendant, each crime of concurrent crimes in the former part of Article 37 of the Criminal Act should be judged and sentenced concurrently in accordance with Article 38 of the Criminal Act, as the case of the judgment below which appealed by the defendant, so the judgment of the court below can no longer be maintained.
However, despite the above reasons for ex officio reversal, the defendant's defectiveness or mental and physical disability is still subject to the judgment of this court.
B. According to the records on the determination of the defendant's mental disorder, the defendant 2.