상해등
We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The decision of the court below (No. 1: 3 years of suspended sentence in August, and 2 years of suspended sentence in imprisonment: 3 years of suspended sentence in June 1: 3 years of suspended sentence) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 156 of the Criminal Act, and the choice of imprisonment with prison labor for the crime;
1. Articles 157, 153, and 55(1)3 of the Criminal Act (as a result, of confession, each of the crimes of false accusation is committed) of the said Act;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) First-Class 1 Crimes (Assaults) [Determination of Type of Violence] Indecent Injury (General Injury) / [Special Aggravationd Person] / [Scope of Recommendations / Scope of Punishment / Aggravationd Person / [6 months-2 years]
(b) Type 2 (False Accusation) [Determination of Type] 1 (General Accusation) (Person with Special Mitigation], self-denunciation, and confession (the scope of recommended punishment).