강도상해등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for four years.
A seized knife (No. 12).
The summary of the grounds for appeal Nos. 1 and 2 of the judgment of the court of first instance (the court of first instance shall be sentenced to imprisonment with prison labor for five years, etc. and imprisonment with prison labor for six months) are too unreasonable.
The judgment of the court below against the defendant for an ex officio judgment was rendered and the defendant filed an appeal against all of the judgment below.
This Court decided to consolidate the above two appeals cases.
Each of the judgment below against the defendant shall be sentenced to a single punishment in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
The judgment of the court below cannot be maintained as it is in this point.
The judgment of the court below has such reasons as the above ex officio reversal.
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.
It shall be judged again through pleading as follows:
[Discied reasoning of the judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the offense and summary of evidence, and the summary of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense, Article 337 of the Criminal Act, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 19 (2) 1 of the Act on the Punishment of Acts of Arranging Sexual Traffic (the point of business arranging sexual traffic, including the point of business arranging sexual traffic, the choice of imprisonment), Articles 356 and 355 (1) of the Criminal Act, each of the choice of punishment (the point of occupational embezzlement and the choice of imprisonment);
1. Article 35 of the Criminal Act among repeated crimes (Provided, That with respect to the crime of injury or injury by robbery, within the limit of proviso of Article 42 of the Criminal Act);
1. From among concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act (the weight of concurrent crimes resulting from robbery, injury, or injury to Q with the largest punishment and punishment).