폭력행위등처벌에관한법률위반(공동폭행)등
The guilty part of the judgment of the court below of first instance and the judgment of the court of second instance are reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. The punishment of the lower court (the first instance judgment: imprisonment with prison labor for 2 years and 6 months, and imprisonment for 2 months: imprisonment with prison labor for 8 months) is too unreasonable.
B. Each appeal case against the judgment of the court below against the judgment of the court of first instance was combined with the judgment of the court of first instance. The crime of violation of the Punishment of Violences, etc. Act (joint assault) and the crime of injury resulting from confinement, which are the part guilty of the judgment of the court of first instance, is deemed to be a concurrent crime under the former part of Article 37 of the Criminal Act and the crime of violation of the Punishment of Violences, etc. Act (joint confinement) committed by the court of second instance. Thus, since the judgment of the court of second instance is a concurrent crime under the former part of Article 38(1) of the Criminal Act against the crime of violation of the Punishment of Violences, etc. Act (joint confinement) committed by the court of second instance and the crime of injury resulting from confinement, which are the part guilty of the judgment of the court of first instance, the court of this case, which has been judged at the same time, shall sentence one punishment pursuant
Therefore, the conviction part of the judgment of the first instance and the judgment of the second instance should be reversed in its entirety.
In addition, according to the records, the defendant was sentenced to 30 years of imprisonment with prison labor on February 14, 2020 for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (homicide, etc.) at the Suwon Flag Flag, and the judgment became final and conclusive on October 15, 2020.
However, inasmuch as the crimes of the first instance court and the second instance court's judgment against the defendant are concurrent crimes between the above crimes for which judgment has become final and conclusive and the latter part of Article 37 of the Criminal Act, punishment should be determined in consideration of equity in cases where judgment is concurrently rendered pursuant to Article 39 (1) of the Criminal Act.
In this respect, the guilty part of the judgment of the first instance and the judgment of the second instance can no longer be maintained.
3. In conclusion, the guilty part of the judgment of the court below No. 1 and the judgment of the court below No. 2 are reversed ex officio. Thus, the judgment of the court below and the judgment of the court below No. 1 and the judgment of the court below No. 2 pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by