상해등
The conviction part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed.
Defendant shall be punished by imprisonment with prison labor for a year and fine for negligence of 200.
1. Of the facts charged in this case against the Defendant, the first instance court’s judgment dismissing the prosecution as to the insult of the Defendant, and sentenced 7 million won to the remainder of the facts charged except this, and only the Defendant appealed on the ground of unreasonable sentencing as to the conviction of the first instance judgment. As such, the insult of the first instance court’s judgment dismissing the public prosecution has become final and conclusive separately, and this part is excluded from the scope of this court’s judgment.
2. The gist of the grounds for appeal asserts that the Defendant, among the judgment of the court of first instance, asserts that the punishment of the guilty portion (7 million won of fine) and that of the judgment of the court of second instance (one year of imprisonment) are too unreasonable, and that the prosecutor is too minor that the punishment of the court of second instance is too minor.
3. Regarding the part of the judgment of the court of first instance and the judgment of the court of second instance, the prosecutor filed an appeal against the judgment of the court of second instance, and thus the prosecutor tried each appeal case in the court of first instance. As seen below, the part of the judgment of the court of first instance and the facts constituting the crime of the judgment of the court of second instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and the judgment of the court of second instance should be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the part of the judgment of the court of first instance and the
4. Accordingly, the first and second judgment of the court below's convictions and the second judgment of the court below are reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the first and second judgment of the court below are all reversed, and the second judgment of the court below is all reversed in accordance with the arguments and the following.
[Discied Judgment] Summary of facts constituting an offense and a summary of evidence recognized by the court and summary of evidence are as stated in each corresponding column of the judgment below.