폭행치상
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.
2. Reviewing the reasoning for appeal by the Defendant ex officio prior to the judgment on the grounds for appeal by authority, based on evidence, the Defendant was sentenced to imprisonment with prison labor for not more than eight months for assault in this Court on May 2, 2019, and on May 10, 2019, the fact that the above judgment became final and conclusive on May 10, 2019 (Seoul Western District Court 2018Da3421, the same court 2019No247), and the instant crime is concurrent with the crime for which the judgment becomes final and conclusive and Article 37 of the Criminal Act.
Therefore, in accordance with Article 39(1) of the Criminal Act, punishment for the instant crime should be sentenced in consideration of equity with the case where a judgment becomes final and conclusive at the same time. Therefore, the judgment of the court below is no longer maintained.
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Summary of the Decision] The summary of the facts constituting a crime and the evidence admitted by the Court is as follows. The first head of the judgment below's criminal facts are as follows: "The defendant was sentenced to eight months of imprisonment for assault by this court on May 2, 2019; the judgment became final and conclusive on May 10, 2019; and "1.............: Each of the judgment of the court below [Seoul Western District Court 2018Da3421, the same court 2019No247]; and the search results of the Supreme Court 2019No247]. Thus, it is identical to each corresponding column of the judgment of the court below except for addition of "the search results of the case."
Application of Statutes
1. Articles 262 and 260 (1) of the Criminal Act applicable to the crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, is a violent crime.