상해등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for four months.
1. The summary of the grounds for appeal (e.g., a long-term of six months and a short-term of four months) of the lower court’s punishment is unreasonable.
2. Ex officio determination of ex officio, the defendant was born on April 14, 1994, and the defendant did not constitute a juvenile under Article 2 of the Juvenile Act and cannot be sentenced to an illegal term sentence under Article 60 (1) of the Juvenile Act since he did not constitute a juvenile under Article 2 of the Juvenile Act at the time of sentencing of the trial at the court below. Thus, the judgment of the court below against the above defendant was no longer maintained.
The judgment of the court below on April 24, 1990 (see Supreme Court Decision 90Do539, Apr. 24, 1990). 3. Thus, the judgment of the court below on the conviction of the defendant is omitted from the judgment on the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure
Criminal facts
The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 257 (1) of the Criminal Act selecting a penalty;
1. Among concurrent offenders, the degree of injury suffered by the victims of reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act is minor and does not want to be punished against the defendant, and the defendant has committed a crime that is contrary to the defendant's favorable sentencing factors, and the defendant has a past record of receiving six juvenile protective disposition and has been sentenced twice. The crime of this case was inflicted an injury on the ground that the defendant, while the defendant was serving in prison, did not make the same prisoner rapidly and clean, and thus, the crime of this case was committed in consideration of the sentencing factors disadvantageous to the defendant.