상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and ten months.
1. The following facts are acknowledged according to the progress records of the case.
A. On February 13, 2014, the Defendant was sentenced to three years of imprisonment with prison labor in Suwon District Court (the lower judgment) and the Defendant appealed on the grounds that sentencing was unfair. On May 1, 2014, the appellate court accepted the Defendant’s unfair assertion on sentencing and sentenced the Defendant to two years of imprisonment with prison labor (the judgment subject to a retrial) and the said judgment became final and conclusive on May 9, 2014.
B. On September 24, 2015, the Constitutional Court rendered a decision of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014); “A person who carried a deadly weapon or other dangerous object and commits a crime under Articles 260(1) (Assault), 283(1) (Intimidation) and 366 of the Criminal Act.”
(c)
On February 7, 2018, the Defendant filed a request for the reexamination of this case. On February 19, 2018, this court rendered a decision to commence the reexamination of the entire judgment subject to a retrial on the ground that: (a) there exist grounds for reexamination prescribed in Article 47(4) and (3) of the Constitutional Court Act for a crime of violation of the Act on Violences, Etc. (a group, deadly weapon, etc.) among the crimes subject to a retrial; and (b) the crime subject to a review and the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, (c) one sentence should be imposed under
2. The sentence imposed by the lower court (three years of imprisonment) on the summary of the grounds for appeal is too unreasonable.
3. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the prosecutor examined the facts charged in the instant case at the trial following the decision of commencing a retrial, and the prosecutor, as “special assault” from “violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) to “special assault,” and Articles 3(1) and 2(1) of the Punishment of Violences, etc. Act are applicable.