상해등
All parts of the judgment of the court below against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The punishment of the lower court (No. 1 and June, and No. 2: Imprisonment with prison labor) against the Defendant based on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the first and the judgment of the second court against the defendant was rendered, and the defendant filed an appeal against them, and the court decided to hold concurrent hearings of the above appeal cases. Each crime of the first and second judgments against the defendant should be sentenced to a single punishment within the term of punishment imposed for concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. Thus, the part of the judgment of the first and second court against the defendant in the judgment of the court below cannot be exempted from all reversal.
3. Accordingly, the judgment of the court below is reversed in its entirety and the part against the defendant among the judgment below in accordance with Article 364 (2) of the Criminal Procedure Act is reversed and it is again decided as follows, without further proceeding to decide on the defendant's unfair argument of sentencing.
[Grounds for a new judgment] The criminal facts and summary of evidence recognized by the court are identical to the facts constituting a crime and the summary of evidence, and thus, the summary of the evidence is identical to each of the corresponding columns of each judgment below. Thus, they are cited by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257(1) of the relevant Article of the Criminal Act concerning the crime (the point of injury), Article 276(1) of the Criminal Act (the point of confinement), Article 231 of the Criminal Act (the point of use of private document), Articles 234 and 231 of the Criminal Act (the fact of exercising the aforementioned investigation document) of the Criminal Act, Article 347(1) of the Criminal Act (the fact of fraud: Provided, That Article 30 of the Criminal Act is added to the fraud of the case No. 1889 of 2017 High Court Decision 2017 High Court Decision 201Da1889), Articles 225 and 30 of the Criminal Act (the point of use of public document above Article), Articles 229, 225, and 30 of the Criminal Act (the use of forged public document) of the Criminal Act, Articles 26(1) and 26(1)4 of the Act on the Management of Marriage and Brokerage.