Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for six months.
However, the above judgment.
Reasons
1. The summary of the grounds for appeal explicitly withdraws the assertion of mistake of facts on the first trial date. A
misunderstanding of facts (Defendant B and C) Defendant B did not have any live bridge on the left side of the victim, and rather, Defendant C only suffered an injury in the course of fluence of the victim, and Defendant C only resisted the victim to enter the church and did not have any fluence on the body of the victim.
Nevertheless, the judgment of the court below that convicted Defendant B and C of this part of the facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The sentence imposed by the lower court (Defendant A: imprisonment for eight months, suspension of the execution of two years, suspension of the community service order of 80 hours, Defendant B: fine of 1.5 million won, Defendant C: fine of 1.5 million won) is too unreasonable and unfair.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal against Defendant A.
A. In the latter part of Article 37 of the Criminal Act, Defendant A was sentenced to four months of imprisonment for the crime of assault, etc. in the Daegu District Court Branch of Mapo-Ma108 on July 18, 2019, the fact that the said judgment became final and conclusive on January 1, 2020 is significant in this court.
Each of the crimes of this case was committed before the above judgment becomes final and conclusive, and each of the crimes of violence, etc. for which judgment has become final and conclusive is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity in cases where judgment is concurrently rendered pursuant to the former part of Article 37(1) of the Criminal Act.
Therefore, the part of the judgment of the court below against Defendant A could no longer be maintained.
B. The court of first instance on the issue of aiding and abetting the violation of the Act on Real Name Financial Transactions and Guarantee of Secrecy is entitled to be tried only on the grounds of appeal stated in the petition of appeal or contained in the appellate brief submitted within the deadline
However, the appeal court shall have jurisdiction over a legitimate appeal.