특수상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
Seized knife (No. 2) shall be confiscated.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for one year and eight months and confiscation, and the second instance: imprisonment with prison labor for one year and six months) of the original court is too unreasonable; and
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant appealed against the judgment below, and the court decided to concurrently examine each of the above appeals cases.
However, since each crime of the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced within the scope of the term of punishment imposed under Article 38(1) of the Criminal Act.
In this respect, each judgment of the court below can no longer be maintained.
3. Accordingly, the judgment of the court below is reversed in its entirety under Article 364(2) of the Criminal Procedure Act, and it is so decided as per Disposition by the assent of all participating Justices, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.
Criminal facts
The summary of the evidence and criminal facts against the defendant recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 258-2 (1), 257 (1) (the point of special injury), 3 (1) of the Act on Special Cases concerning the Handling of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the crime concerned;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and punishment for the crimes of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against E, of which punishment is more severe;
1. As to the crime of violation of the Act on Special Cases concerning the Settlement of Traffic Accidents by Selection of Punishment, imprisonment without prison labor and the crime of violation of the Road Traffic Act, each choice shall be made;
1. The Criminal Act among concurrent crimes.