상해
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that each sentence (in the first instance court: imprisonment with prison labor for five months and two months: imprisonment with prison labor for three months) imposed by the lower court is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried to jointly examine the appeal case of KRW 2 in the first instance judgment and the appeal case of KRW 2 in the second instance judgment. Each of the lower judgment against the Defendant is in a concurrent relationship under the former part of Article 37 of the Criminal Act with regard to concurrent crimes under Article 38(1) of the Criminal Act, and should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes under Article 38(1) of the Criminal Act. Thus, the lower
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 unfair argument about sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 257 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);
1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravation of Concurrent Crimes are that the defendant is aware of his/her crime.
However, each of the crimes of this case is a case where the defendant blicked for a minor reason to the victims and caused violence by blickly, and it is not good to be a crime. In particular, in the case of the victim D, the degree of injury is not weak. Nevertheless, the defendant did not make any effort to recover damage, and again commits another crime of injury by the second instance court without being familiar with the first instance trial, and other criminal records, age, and age of the defendant.