폭력행위등처벌에관한법률위반(공동폭행)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.
2. According to the records of ex officio determination, the Defendant was sentenced to two months of imprisonment in the Incheon District Court Decision 2019Da1069 Decided April 4, 2019, and the above judgment became final and conclusive on April 12, 2019, which is after the sentence of the lower judgment was rendered. As such, each of the crimes of this case is concurrent crimes with the crime for which the above judgment became final and the latter part of Article 37 of the Criminal Act.
Therefore, the sentence shall be determined in consideration of equity in the case of judgment simultaneously with the crime for which the above judgment has become final and conclusive in accordance with Article 39(1) of the Criminal Act. Therefore, the part of the judgment of the court below against the defendant among the judgment of the court below
3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's argument of unfair sentencing.
Criminal facts
The summary of the facts constituting a crime and the evidence against the defendant recognized by this court is as stated in the corresponding column of the judgment of the court below, except for the correction of the last sentence of the facts constituting a crime of 2018 high-level 7119 (10 times) to 10 times, the summary of the facts constituting a crime is as follows: “Defendant A was sentenced to two months of imprisonment for a crime of fraud at the Incheon District Court on April 4, 2019, and the judgment became final and conclusive on April 12, 2019.”
Application of Statutes
1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 260 (1) of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, the selection of imprisonment for a crime;
1. The Criminal Act dealing with concurrent crimes;