특정범죄가중처벌등에관한법률위반(운전자폭행등)등
The judgment of the court below and the judgment of the court below are all reversed.
A defendant shall be punished by imprisonment for one year.
A seized knife.
1. Summary of grounds for appeal;
A. As to the judgment of the court of first instance, the punishment of the said judgment (six months of imprisonment) is too unreasonable.
B. On the judgment of the court below of second instance, the punishment of the above judgment (two months of imprisonment, confiscation) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio. The court below rendered a separate judgment on the crime of each judgment below against the defendant, but the court below held concurrent hearings. Each of the above crimes is concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment at the same time in accordance with Article 38(1) of the Criminal Act. Thus, the court below's judgment and the second judgment cannot be maintained any more.
3. As such, the first and second judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the first and second judgment of the court below are reversed under Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is the same as that of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes Concerning the Crime and Articles 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the relevant provision of the relevant Act concerning the crime and the choice of punishment are applied, Articles 284, 283 (1) of the Criminal Act, Articles 369 (1), 366 of the Criminal Act, Articles 320 and 319 (1) of the Criminal Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. Aggravation of concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;
1. The defendant, on the grounds of sentencing under Article 48(1)1 of the Criminal Act, commits the instant crime.