폭행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (one million won of fine) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
On February 14, 2019, the Defendant filed an appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) with one year and six months (2018 Gohaphap95) on the Jeju District Court's Jeju Branch Branch, but the lower court was sentenced to the dismissal of the appeal (2019No62), but the appeal was dismissed on July 15, 2019, but the said judgment became final and conclusive.
The crime of the lower judgment against the accused and the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Intimidation, etc.) against which the judgment has become final and conclusive, shall be sentenced in consideration of equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal
Therefore, the judgment of the court below cannot be maintained.
3. If so, without examining the Defendant’s assertion of unfair sentencing, the lower judgment is reversed pursuant to Article 364(2) of the Criminal Procedure Act without proceeding to decide on the Defendant’s assertion of unfair sentencing.
[C] The first head of the lower judgment on February 14, 2019 that stated the facts constituting a crime and the summary of evidence against the Defendant recognized by this court is that the Defendant was sentenced to imprisonment with prison labor for a period of one year and six months (2018 Gohap95) due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) in the original branch of the Chuncheon District Court on February 14, 2019. However, the Defendant appealed from the Seoul High Court (2019No62), but filed an appeal on July 15, 2019, but the appeal was withdrawn, and it was identical to each corresponding column of the lower judgment except for addition. Therefore, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. To treat concurrent crimes;