특수상해등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
1. The sentence sentenced to the first and second original judgment (the first instance judgment: imprisonment with prison labor for a period of two years and six months, and the second instance: imprisonment with prison labor for a period of four months) on the gist of the grounds for appeal is too unreasonable;
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
The judgment of the court below against the defendant was rendered and the defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing with each of the above two appeals cases. Since each of the offenses committed by the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, one punishment should be sentenced pursuant to Article 38 (1) 2 of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. In conclusion, 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 the judgment below is ruled as follows through pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts 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 concerning the crime, Articles 258-2(1), 257(1) (a) of the Criminal Act, Article 314(1) (a) of the Criminal Act, Article 311 of the Criminal Act, Article 283(1) (a)) of the Criminal Act, Article 283 of the Criminal Act, Article 347(1) (a) (a) of the Criminal Act, Article 284, Article 283(1) (a)) of the Criminal Act, Article 284, Article 283(1) (a) of the Criminal Act, Article 284, Article 283(1) (a) (a special intimidation, choice of imprisonment, Article 137 of the Criminal Act, Article 137 (Appointment of imprisonment with prison labor) of the Criminal Act;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is very heavy in light of the contents, circumstances, and frequency of each of the crimes in this case, and the degree of damage. The defendant is a past violent crime.