강도상해
All judgment of the court below shall be reversed.
The punishment of the accused shall be four years of imprisonment.
1. The gist of the grounds for appeal is that the respective punishment of the lower court (3 years and six months of imprisonment, and 2 years and six months of imprisonment) is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
The judgment of the court of first instance and the judgment of the court of second instance filed an appeal against the Defendant, respectively, and the Defendant filed an appeal against the judgment of the court of second instance. The court of second instance decided to consolidate the above two appeals cases, and the first and second judgments of the court of second instance are concurrent offenses under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance cannot be maintained as they
In addition, on November 2, 2018, the Defendant was sentenced to a suspended sentence of two years for six months due to night residence intrusion and larceny at the Gwangju District Court on November 2, 2018, and the said judgment became final and conclusive on November 10, 2018.
The judgment of the court below of first instance is a concurrent crime between the above crime for which judgment has become final and the above crime under the latter part of Article 37 of the Criminal Act and the crime under the latter part of Article 39(1) of the Criminal Act, and thus, the sentence should be imposed in consideration of equity in the case of judgment at the same time pursuant to Article 39(1) of the Criminal Act. Since the judgment of the court
3. The lower court’s conclusion is reversed in its entirety pursuant to Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal, and further decided as follows.
[C] The facts constituting a crime and the summary of the evidence recognized by the court and the summary of the evidence are the first head of the first judgment of the court of first instance. The defendant was sentenced to a suspension of the execution of imprisonment with prison labor for six months at night on November 2, 2018 and two years on November 10, 2018.