특수폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (one million won penalty) is too unreasonable.
2. We examine ex officio determination.
"A crime for which judgment to face with imprisonment without prison labor or heavier punishment has become final and a crime committed before such judgment has become final and conclusive" shall constitute concurrent crimes prescribed in the latter part of Article 37 of the Criminal Act. In such cases, a punishment shall be imposed in consideration of equity in cases where a crime among concurrent crimes has become final and conclusive under Article 39 (1) of the Criminal Act and a crime for which judgment has not become final and conclusive
According to the records, the Defendant was sentenced to six years of imprisonment for fraud, etc. at the Incheon District Court on September 15, 2017, which was after the sentence of the lower judgment, and the said judgment became final and conclusive on November 21, 2017.
Therefore, the judgment of the court below which did not sentence punishment for the instant crime with regard to the case of fraud, etc. at the same time as the above judgment becomes final and conclusive, can no longer be maintained.
3. Therefore, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows, after pleading.
Criminal facts
The summary of the facts constituting a crime and evidence recognized by this court is the first head of the lower judgment’s “criminal fact” and the judgment became final and conclusive on November 21, 2017 after having been sentenced to six years of imprisonment with prison labor at the Incheon District Court on September 15, 2017.
“A previous conviction in the judgment of the court below” is added to “a summary of evidence” column, and except for the addition of “a prior conviction in the judgment of the court below” to “a summary of evidence” as stated in each corresponding column of the judgment of the court below, thereby citing it as is in accordance with Article 369
Application of Statutes
1. Relevant Article 261 of the Criminal Act, Articles 261 and 260 (1) of the Criminal Act, the selection of fines for criminal facts, and the selection of fines;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.