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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
1. The court below dismissed the prosecution regarding the assault among the facts charged in the instant case, and convicted the remaining facts charged, respectively.
Accordingly, since the defendant appealed against the guilty portion of the judgment below, the dismissed portion of the above indictment becomes separate and definite as it is upon the expiration of the appeal period, shall be excluded from the scope of the judgment of this
2. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced against the defendant (six months of imprisonment) is too unreasonable.
3. We examine ex officio prior to the judgment on the defendant's improper argument of sentencing.
According to the records, the defendant was sentenced to a fine of KRW 9,00,000 by the Incheon District Court on September 15, 2017 and appealed by the defendant and the prosecutor. The appellate court reversed the judgment of the court below on May 11, 2018 and sentenced to ten months of imprisonment and two years of suspended execution, and the judgment of the appellate court on May 19, 2018 became final and conclusive.
Therefore, since the crime of this case and the crime of the previous conviction of this case, which had been established prior to the day when the judgment of the court below became final and conclusive, are concurrent crimes under Article 37 of the Criminal Act, the punishment of this case shall be determined for the crime of this case after considering equity and the mitigation of punishment or exemption from punishment pursuant to Article 39(1) of the Criminal Act (see Supreme Court Decision 2008Do209, Oct. 23, 2008). As above, after the sentence of the court below, a final and conclusive judgment with regard to concurrent crimes under Article 37 of the Criminal Act was rendered after the crime of this case and Article 39(1) of the Criminal Act became final and conclusive. For this reason, the court below considered equity and consideration the mitigation of punishment or exemption from punishment and did not determine punishment for the crime of this case after examining whether to grant a mitigation of punishment or exemption from punishment.