상해등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (2 million won of fine) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant ex officio, the following facts are examined. According to the records, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Ulsan District Court on February 19, 2014, and the judgment below became final and conclusive on May 16, 2014. As above, each of the crimes of violation of the Punishment of Violences, etc. Act (joint injury) and the crime of this case, in which judgment became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment of this case is determined after considering equity with the case where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt the punishment. Thus, the judgment below was no longer maintained.
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, and the judgment below is reversed and it is so decided as follows.
[Discied Judgment] The summary of the facts constituting an offense and the evidence admitted by the court below and the summary of the evidence are as follows: “The defendant was sentenced to imprisonment with prison labor and six months in the Ulsan District Court on February 19, 2014 for a violation of the Punishment of Violences, etc. Act (joint injury) at the District Court on February 19, 2014; the above judgment became final and conclusive on May 16, 2014; and the summary of the evidence was as stated in each corresponding column of the judgment of the court below, except where “the whole materials” were added to the last column of the evidence.
(Article 369 of the Criminal Procedure Act). Application of law
1. Relevant provisions of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 260 (1) of the Criminal Act (the point of violence), the selection of each fine for the crime;
2. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
3. Of concurrent crimes, the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.