상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal is too unreasonable in light of the following: (a) the respective sentences of the lower judgment (the first instance judgment: 6 months of imprisonment and the second instance judgment: 1 year of imprisonment) are too unreasonable in view of the fact that the Defendant was aware of and against all mistakes; (b) each of the crimes of this case was committed by contingently; and (c) efforts to pay damages.
2. The Defendant filed each appeal against the lower judgment, and the lower court decided to hold a joint hearing of each appeal case.
However, since each crime of the judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, one punishment shall be sentenced pursuant to Article 38(1) of the Criminal Act, the judgment of the court below cannot be maintained as it is.
3. As such, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the ground of the above ex officio reversal, and the following is again decided after the pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as stated in the corresponding columns of the judgment of the court of first instance and the judgment of the court of second instance. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 (1) of the Criminal Act applicable to the crime, Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes and between the crimes of violation of the Road Traffic Act due to the non-measures following the destruction or damage of goods);
1. Selection of each sentence of imprisonment;
1. Article 35 of the Criminal Act among repeated crimes;
1. Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act to increase concurrent crimes.