상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
provided that this ruling has become final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced each of the defendants (Article 1: 2 years of probation, probation, alcohol therapy, 40 hours of lecture order, 120 hours of community service order, 120 hours of community service order and 2: 10 months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the case No. 2013No1926 of this Court, which is the case of appeal against the judgment of the court of first instance, and the case No. 2013No2730 of this Court, which is the case of appeal against the judgment of the court of second instance, was consolidated in the proceedings for oral proceedings. Each of the crimes of the judgment of the court below No. 1 and No. 2, in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, shall be sentenced to a single sentence within the scope of the term of punishment aggravated pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 36 of the Criminal Act, Articles 366 of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 314(1) of the Criminal Act, the choice of imprisonment for the crime, and the choice of a sentence, respectively;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with punishment prescribed for the most severe injury);
1. Article 62 (1) of the Criminal Act (Considering Circumstances favorable to the following defendants);
1. Probation, community service order and order to attend a lecture, respectively, Criminal Act;