상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
According to the records, the defendant can be recognized as having been sentenced to one year after being sentenced to a suspended sentence for four months on January 21, 2020 for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) at the Changwon District Court's Busan Branch on Busan Branch on February 21, 2020, and the above judgment became final and conclusive on February 20, 2020. The defendant's injury and the above Act on the Aggravated Punishment, etc. of Specific Crimes (Crime of Violence against Drivers, etc.) which became final and conclusive in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, which
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
【Reason used in the judgment below’s reasoning】 The facts constituting a crime and summary of evidence acknowledged by the court below and summary of evidence are as stated in each corresponding column of the judgment below except for adding criminal records to the first head of the crime of the court below’s original judgment. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
On January 21, 2020, the defendant was sentenced to one year after the suspension of the execution of four months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence, etc.) in the Changwon District Court's Busan Branch on January 21, 202, and the above judgment was finalized on February 20, 20
1. Article 257 (1) of the Criminal Act applicable to the crimes and Article 257 of the Election of Imprisonment;
1. Reasons for sentencing under the latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act;
1. The scope of punishment by law: One to seven years of imprisonment;
2. The sentencing criteria;