폭력행위등처벌에관한법률위반(공동상해)등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. Summary of grounds for appeal;
A. The sentence of the lower court (the first instance judgment: imprisonment with prison labor for one year and two months, and imprisonment with prison labor for two months) is too unreasonable.
(b) The form of the first original ruling of the Prosecutor is too unhued and unreasonable;
2. We examine ex officio determination.
The judgment of the court of first and second instance against the defendant was rendered, and the defendant and the prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of second instance, and this court decided to hold a joint hearing of each of the above appeals cases.
Each crime of the first and second judgment against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below in 1 and 2 cannot be maintained as it is.
3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining each of the defendant's and prosecutor's argument of sentencing against the judgment of the court below No. 1 and the defendant's argument of sentencing against the judgment of the court below No. 2.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding part of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2)3 of the Punishment of Violences, etc. Act as to the crime in question, Article 257(1) of the Criminal Act (the point of joint injury) Article 257 of the Criminal Act, Article 49(4)1 and Article 6(3)1 of the Electronic Financial Transactions Act (the point of transfer of access media) and Article 347(1) of the Criminal Act (the point of fraud)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The defendant with reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act, is the same kind of violence, fraud, etc.