Order of aggravated and mitigated punishment;

According to Article 56 of the Criminal Code, an aggravated mitigation of punishment is subject to aggravated punishment after the statutory mitigation. However, the court below erred in the misapprehension of the judgment which affected the conclusion of the judgment after the aggravated punishment of concurrent crimes.

Article 56 of the Criminal Act

Defendant

Prosecutor

Gwangju District Court of the first instance (64Da865 delivered on July 1, 200)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

One hundred and thirty days of detention days prior to the pronouncement of the judgment of the court below shall be included in the original sentence.

The grounds for appeal by the prosecutor shall be as shown in the annexed appellate brief.

The summary of the judgment of the court below is that the amount of punishment imposed upon the defendant 7 years of imprisonment is unfair and reasonable, so if the circumstances of the defendant are examined in detail in accordance with the records of the case, it shall be considered as the circumstances as stated in the judgment of the court below. Therefore, the decision of the court below is reasonable and it is not reasonable.

However, even though Article 56 of the Criminal Act provides that the punishment for concurrent crimes shall be aggravated after ex officio mitigation, the judgment of the court below prior to the order of such aggravated punishment, on the ground that the crime of attempted murder and attempted attempted murder at the time of judgment of the court below committed an unlawful act that may affect the scope of the term of punishment, since the judgment of the court below is reversed, and the judgment of the court below is again decided in accordance with Article 364 (6) of the Criminal Procedure Act.

The criminal facts and evidence relations against the defendant are the same as the judgment of the court below in addition to the defendant's employment of a statement consistent with the facts at the time of the original trial as evidence.

On the other hand, in the judgment below of the court below, each private person among the crimes of attempted murder under Article 250 (1) of the Criminal Act shall be punished by Articles 250 (2) and 254 of the Criminal Act. As to the crimes of attempted murder during the prescribed penalty, with respect to the crimes of attempted murder, an area of life shall be selected and an area of life shall be mitigated under Articles 25 and 55 (1) 2 of the same Act, and the crimes of attempted murder shall be mitigated under the former part of Article 37 of the same Act. Since several crimes are concurrent crimes under Article 38 (1) 2 of the same Act and Article 50 of the same Act, the defendant shall be punished by imprisonment with prison labor for up to seven years within the limit of one of the concurrent crimes of attempted murder while serving prior to the declaration of the judgment of the court below under Article 57 of the same Act, and 130 days out of the number of detention days prior to the sentence of the court below shall be included in the above principal sentence.

It is so decided as per Disposition for the above reasons.

Judges Kim Dong-chul (Presiding Justice)