상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.
2. Before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Southern District Court on July 20, 2012, and the judgment became final and conclusive on November 16, 2012. The above violation of the Punishment of Violences, etc. Act (joint conflict) and the injury of this case, for which the judgment became final and conclusive, are related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be determined after examining whether to reduce or exempt punishment in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act. However, the court below did not take such measures, and thus, the judgment below was no longer maintained.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to two years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul Southern District Court on July 20, 2012 and the judgment became final and conclusive on November 16, 2012" in the summary of the evidence, and except for adding "1. criminal records: the search of the case and each judgment" to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;