특수상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. The summary of the grounds for appeal (the first instance court: imprisonment with prison labor for a year and August, and the second instance court: imprisonment with prison labor for a period of four months, and the third instance court: imprisonment with prison labor for a period of four months) that the lower court declared is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
In the first instance trial, the defendant's appeal case against each judgment of the court below was combined, and since the crime of each judgment of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, the court below's judgment should be sentenced to one punishment in accordance with Article 38 (1) of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows, 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 each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 258-2(1) of the Criminal Act, Articles 258-2(1) and 257(1) of the Criminal Act, Article 21(1) of the Act on the Punishment of Acts, Including the Mediation of Commercial Sex Acts (the point of sexual traffic, the choice of imprisonment), Article 329 of the Criminal Act (the point of section 329, the choice of imprisonment), Article 260(1) of the Criminal Act (the point of violence, the choice of imprisonment), Article 355(1) of the Criminal Act (the point of crime, the selection of imprisonment), Article 355 of the Criminal Act (the point of embezzlement and the choice of imprisonment);
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes prescribed by the most severe special injury) of the Act on the Aggravated Punishment of Concurrent Crimes began to commit each of the crimes of this case, including larceny, only three months after the execution of punishment is completed by larceny, etc., and several times against the victim C, and the crime is very poor because the victim C is flife with a flife, which is a dangerous object.