상해
The judgment below
The part concerning the crime of injury shall be reversed by the Highest 2020 order 5039.
A defendant shall be punished by imprisonment for one month.
The judgment of the court below.
1. The sentence (two months of imprisonment and six months of imprisonment) imposed by the court below on the summary of the reasons for appeal is too unreasonable.
2. Ex officio determination (as to the part concerning the crime of injury by 5039, supra), in light of the latter part of Article 37 and the legislative purport of Article 39(1) of the Criminal Act, if a crime not yet adjudicated could not be judged concurrently with the crime for which judgment became final and conclusive, it is reasonable to interpret that a punishment may not be imposed or the punishment may not be mitigated or remitted in consideration of equity and the case where a judgment is rendered at the same time pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decisions 200Do948, Oct. 27, 201; 2012Do9295, Sept. 27, 2012). In light of the above legal principles, where several crimes of assault and injury by 20, which were not yet adjudicated, were determined by the final and conclusive judgment of the Seoul High Court, and there is no separate judgment between the two crimes (see, e.g., Supreme Court Decisions 2000Do1470.