상해
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.
2. Prior to the judgment of the prosecutor’s ex officio on the assertion of unfair sentencing, the records show that the Defendant was sentenced on November 27, 2013 to eight months of imprisonment on the grounds of a violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) in the Changwon District Court’s detention support on November 27, 2013, and the judgment became final and conclusive on December 5, 2013.
Therefore, since the crime of injury in this case and the crime of violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) for which judgment has become final and conclusive as above are concurrent crimes under the latter part of Article 37 of the Criminal Act, punishment shall be determined after considering equity and equality in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and examining whether to reduce or exempt punishment. Thus, the judgment of the court below
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts constituting an offense and the summary of the evidence acknowledged by this court is as stated in each corresponding column of the judgment of the court below, except for the addition of "the defendant was sentenced to eight months of imprisonment with prison labor on November 27, 2013 due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc.) in the Changwon District Court's Seoul District Court's Seoul District Court's Seoul District Court's branch branch office on November 27, 2013 and the judgment became final and conclusive on December 5, 2013" to the first head of the crime
Application of Statutes
1. Relevant Article of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of penalties;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 and 69 of the Criminal Act for the confinement of a workhouse.