상해등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (the first judgment: the fine of one million won: the second judgment; the imprisonment of one year and six months; the third judgment: the fine of five hundred thousand won) is too unreasonable.
2. Examining ex officio prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for changes in the indictment with the description of the facts constituting an offense subsequent to the instant facts charged, and the subject of the judgment was changed by this court’s permission. As such, the judgment of the court below was no longer maintained.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 it is so decided as follows.
Criminal facts
[criminal power] On December 19, 1986, the defendant was sentenced to imprisonment for one year and six months with prison labor for a violation of the Punishment of Violences, etc. Act at the Jung-gu District Court on December 19, 1986, three years of suspended execution, six months of imprisonment with prison labor for the same crime in the same court on December 2, 1988, eight months of imprisonment with prison labor for the same crime at the Seoul Central District Court on December 13, 1990, one million won with the District Court on December 21, 1991, three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the Seoul High Court on December 29, 1992, three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act at the same court on March 30, 2001, and one fine at the same court on March 7, 2003 to three hundred one thousand won with the same court on December 13, 2001.