폭행등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Of the facts charged, the lower court dismissed the prosecution regarding the Defendant’s assault against the Victim H, and convicted the remainder of the facts charged, and appealed against the Defendant’s conviction only. As such, the part of the dismissal of the above prosecution was separated and finalized as it is.
Therefore, among the judgment of the court below, only the remaining conviction except the dismissed part shall be included in the scope of the judgment of this court.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced to the defendant is too unreasonable.
3. Before determining the grounds for appeal by the Defendant’s ex officio, the records of this case reveal the following facts: (a) the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court on October 4, 2019, and the judgment became final and conclusive on December 11, 2019.
Therefore, since the crime of the judgment of the court below is one of the crimes in which the judgment was made and the latter part of Article 37 of the Criminal Act is concurrent crimes, the punishment shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below cannot be maintained
4. Accordingly, the judgment of the court below is reversed the conviction part of the judgment below, and it is again decided as follows, without examining the defendant's allegation of unfair sentencing, on the grounds of ex officio reversal as seen above.
【Grounds for the Judgment of the Seoul Northern District Court (hereinafter “Defendant”) sentenced the first head [criminal records] of the crime column in the reasoning of the judgment of the court below to one year as a special injury crime in Seoul Northern District Court on October 14, 2016, and completed the execution of the sentence on April 19, 2017, and the Seoul Northern District Court on January 11, 2018.