특수상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
The Daegu District Prosecutors' Office, Nos. 1 and 2 seized evidence.
1. The summary of the grounds for appeal (Article 1: Imprisonment with prison labor for a year and six months, confiscation, collection, and second instance judgment: imprisonment with prison labor for a period of ten months, and collection) is too unreasonable.
2. Prior to the judgment on the grounds for appeal, this Court held ex officio the case of appeal as to the judgment of the court of first instance and the judgment of the court of second instance together with each other. The crimes in the judgment of the court of first and second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be pronounced in accordance with Article 38(1)
Therefore, the judgment of the court of first and second instance cannot be maintained in its entirety.
3. As seen earlier, 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 the Defendant’s assertion of unfair sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.
[Dao-written judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of evidence are as follows, except that the second and fifth acts “0.35 g” in the second and fifth acts as “0.24 g” in the judgment of the court below are the same as the corresponding columns of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions concerning facts constituting an offense, Articles 258-2 (1), 257 (1) (the point of inflicting bodily injury on a dangerous object), Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Criminal Act (the provision of a relevant Act on the Control of Narcotics, etc.) of the same Act on the selection of punishment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;
1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is to recognize all of the crimes of this case, and the court below deposited 7 million won to the injured victim, and it was to reach the trial.