특수상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
20,000 won from the defendant.
1. The summary of the grounds for appeal (unfair sentencing: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 10 months and additional collection for 200,000 won) of the lower court is too heavy.
2. The judgment of the court of first instance and the judgment of the court of second instance on the defendant's ex officio determination were pronounced, and the defendant filed each appeal against this.
This Court decided to concurrently examine the above two appeals cases, and the first and second judgments of the court below cannot be maintained as they are, since each offense of the first and second judgments against the defendant is concurrent offenses under the former part of Article 37 of the Criminal Act, and one sentence should be imposed pursuant to Article 38(1) of the Criminal Act, since Article 38(1) of the Criminal Act is concurrent offenses.
3. Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits on Application for Compensation Orders provides that “where the existence or scope of liability for compensation by the defendant is unclear, the compensation order shall not be issued.” The records of this case alone are not enough to determine whether the damage occurred to the applicant due to the criminal act of the defendant.
Therefore, the applicant’s application for compensation of this case cannot be accepted.
4. The decision of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair judgment on the sentencing, and the judgment below is reversed in entirety, and it is again decided after pleading as follows. The application for compensation order by the applicant for compensation by the applicant for compensation at the court below is dismissed in accordance with Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
[Grounds for a new judgment] The criminal facts and summary of evidence against the defendant recognized by the court are identical to the corresponding column of each judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 258-2 of the Criminal Act, Articles 258-2 (1), 257 (1) of the Criminal Act (a point of special injury) and control of narcotics, etc. concerning criminal facts;