Text
1. All the judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for five years;
3. Before a judgment of the first instance is pronounced.
Reasons
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor and the second judgment: imprisonment with prison labor and four months) declared by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, each of the above cases was consolidated by the defendant's appeal against each judgment of the court below, and the facts constituting the crime of each of the above cases must be sentenced to one punishment in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. According to the conclusion, without examining the Defendant’s assertion of unfair sentencing, all of the judgment below is reversed, and the following is again decided through oral proceedings.
Criminal facts
The summary of the facts charged and the evidence recognized by the court is the same as the entries in each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
(a) An attempted crime of murder: Articles 254 and 250 (1) of the Criminal Act;
(b) The point of obstruction of performance of official duties: Article 136 (1) of the Criminal Act;
(c) The point of damage to public goods: Article 141 (1) of the Criminal Act.
(d) The point of fraud: Article 347(1) of the Criminal Act (generally, the choice of imprisonment);
2. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
3. The reason for sentencing under Article 57 of the Criminal Act, including the number of days of pre-trial detention, was that the defendant tried to kill the victim H in the following knife knife knife, who was his/her age, on the ground that the defendant's refusal to leave his/her school makes a false statement to his/her school, and that his/her body was damaged by his/her being known to the surrounding person. In addition, the defendant tried to kill the police officer after investigating a traffic accident by assaulting the police officer to perform his/her duties.