특수상해
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
1. The summary of the grounds for appeal (No. 1: imprisonment with prison labor for not more than 2 years, community service work hours and No. 2: imprisonment with prison labor for not less than 10 months, and 8 months) is too unreasonable.
2. The Defendant filed each appeal against the lower judgment, and the appellate court decided to jointly examine the above appeal cases.
In this regard, each crime of the judgment below is one of the concurrent crimes under the former part of Article 37 of the Criminal Code, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Code, so the judgment of the court below cannot be maintained as it is.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows, after pleading.
[Grounds for a new judgment] The facts constituting an offense and the summary of evidence recognized by the court below and the summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Articles 258-2 (1) and 257 (1) of the Criminal Act, and the choice of imprisonment for the crime;
1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Scope of applicable sentences under law: Imprisonment with prison labor for not less than six months from July to June;
2. Scope of the recommended sentences according to the sentencing criteria;
(a) Crimes No. 1 (Special Bodily Injury on November 19, 2017) / [Type 1] The term "special injury or repeated crime" / [Class 1] the term "special injury [special sentencing factors] mitigation factors: Where punishment is not (including serious efforts to recover damage) or considerable partial damage has been restored [the territory of recommendation and the scope of punishment] mitigation area, imprisonment with labor for April to one year;
B. Special bodily injury [Class 1] Special injury [Special Sentencing Person] mitigated element of punishment (Special Sentencing Person] of crime No. 2 (Special Bodily Injury on March 10, 202) (Special Bodily Injury on March 10, 202) < Amended by Act No. 6690, Mar. 10, 202>