폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
1. Although a defendant who failed to submit a written reason for appeal filed an appeal against the lower judgment on April 16, 2018, the lower court failed to submit a written reason for appeal within the period for submission of a legitimate reason for appeal, even if he/she received a legitimate notice of receipt of court records from this court on July 3, 2018, and the petition of appeal does not contain any reason for objection.
However, the following reasons are found in the records, so this is examined.
2. According to the records of this case’s ex officio determination, the Defendant was sentenced to one year of imprisonment with prison labor at the Gwangju District Court on August 17, 2017 and the judgment became final and conclusive on October 27, 2017. As such, in relation to the crime of conflict with another group after Article 37 of the Criminal Act and the crime of conflict with another group, which became final and conclusive on October 27, 2017, a punishment shall be determined in consideration of equity in cases where a judgment is to be rendered at the same time pursuant to Article 39(1) of the Criminal Act, and the judgment of the court below which did not take such measures cannot be maintained in this respect.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of its evidence were the first head of the facts charged on August 17, 2017, and the judgment on October 27, 2017 became final and conclusive on October 27, 2017, on the first head of the facts charged on the first page of the judgment of the court below.
In addition, “other than adding” is the same as indicated in each corresponding column of the lower judgment, and thus, this is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order