폭력행위등처벌에관한법률위반(공동상해)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Progress of judgment and scope of judgment of this court;
A. The lower court convicted the Defendant of all the charges charged and sentenced the Defendant to ten months of imprisonment.
Accordingly, the defendant appealed for mental disorder and unfair sentencing, and the trial prior to returning was partially accepted by the defendant's appeal, and the judgment of the court below was reversed, and the defendant was sentenced to imprisonment for eight months.
2) On this ground, the Defendant appealed on the ground of misapprehending the legal doctrine on the crime of violating the Road Traffic Act (unlicensed driving).
With respect to the Defendant’s assertion of misapprehension of the above legal doctrine, the Supreme Court held that the above part should be reversed on the ground that the Defendant failed to exhaust all necessary deliberations concerning the specific management and use of access to underground parking lots in the apartment complex, a place where the Defendant drives an automobile without a driver’s license, and erred by misapprehending the legal principles on road and unauthorized driving as prescribed by the Road Traffic Act, which affected the conclusion of the judgment, and that the above part should be reversed. The part of the judgment of the party prior to the remand, which rendered a single sentence, was reversed and remanded.
The portion of the judgment of the court below on the joint defendant B was separated and confirmed by the prosecutor as they were not appealed.
B. Since the part which was not the ground of final appeal in the trial scope of this court has the same effect as that on which an appeal against that part was not filed, the defendant cannot be viewed as the ground of final appeal (see, e.g., Supreme Court Decision 2001Do265, Apr. 10, 2001). In light of the above legal principles, the process of the lawsuit in this case is examined as follows: (a) the defendant's violation of the Punishment of Violences, etc. Act (joint injury), the obstruction of performance of official duties, and the violation of the Road Traffic Act (driving) are reversed by the judgment of a refund, and thus, it is judged that the defendant is under trial.