특수상해등
All judgment of the court below shall be reversed.
In the case of the crimes No. 1 and No. 3 in the judgment of the defendant, 8 months of imprisonment, and No. 2-3 of the judgment.
1. The summary of the grounds for appeal No. 1 (F. 6 months of imprisonment with prison labor for crimes No. 1, 6 months of imprisonment with prison labor for crimes No. 2), and the sentence of the second judgment (F. 2 months of imprisonment with prison labor) is too unreasonable.
2. As the defendant filed an appeal against the judgment of the court below, each appeal case was consolidated and tried in the court at the same time. If the facts constituting the crime of No. 1 of the judgment of the court of first instance (2016 order 4632 of the judgment of the court of first instance) and the facts constituting the crime of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, the defendant shall simultaneously render judgment and sentence a single punishment.
In this respect, the part concerning the first crime and the second judgment of the court below in the judgment of the first instance cannot be maintained any more.
3. On December 31, 2013, the lower court’s judgment on the ground that the Defendant was subject to the suspension of indictment on the charge of violating the Electronic Financial Transactions Act at the Seoul Central District Public Prosecutor’s Office on December 31, 2013 as indicated in the judgment of the lower court first instance (2016 high order 577), and that the Defendant’s establishment of a memorial company and transfer of access media is disadvantageous to the establishment of the relevant company account and transfer of access media.
However, it seems that the defendant reflects the defendant, and the profit from the crime seems to be small, as stated in the decision of the first instance court, a suspended sentence of two years has been sentenced to imprisonment for a special larceny in August, and the crime of this case is in the relation of concurrent crimes after Article 37 of the Criminal Code, and thus, it is advantageous to the conclusion that the same should be judged at the same time and the equality should be considered.
In addition, in full view of all the sentencing conditions, including the defendant's age, sex, environment, background leading up to the crime, means and result, scale of the crime, and circumstances after the crime, it is judged that the sentence imposed by the court below is unfair.
4. In conclusion, the first and second crimes in the judgment of the court below are reversed ex officio, and the appeal by the defendant in the second part in the judgment of the court below against the defendant in the second part in the judgment of the court below is justified. Thus, Article 364 of the Criminal Procedure Act is applicable.