상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
However, for two years from the date this judgment has become final.
1. Summary of grounds for appeal;
A. The punishment of Defendant 2 (six months of imprisonment, two years of suspended execution, two years of probation, and 80 hours of social service) imposed by the lower court against the Defendant is too unreasonable.
B. The prosecutor’s first instance court’s sentence (10 months of imprisonment, 2 years of suspended execution, and 120 hours of community service) declared by the court below against the defendant is too uneasible and unreasonable.
2. Prior to the judgment on the grounds for appeal of unfair sentencing by the defendant and the prosecutor ex officio, this Court tried to concurrently examine each appeal case against the first and second judgment. Since each of the crimes listed in the judgment of the court below in the first and second instances is in a concurrent relationship under the former part of Article 37 of the Criminal Act and should be punished as a single sentence within the term or amount increased by concurrent crimes under Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained any more in this respect.
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 and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 262 of the Criminal Act, Articles 260 (1), 257 (1) and 257 (1) of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Articles 3 (1) and 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime
1. The Criminal Act among concurrent crimes.