Text
The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The lower court, among the facts charged in the instant case, dismissed all of the prosecutions against the victim C, and convicted the remainder of the facts charged.
However, since only the defendant appealed against the conviction part of the judgment below and the dismissal part of the prosecution was not appealed by both a prosecutor and the defendant, the dismissal part of the judgment below is separate and finalized, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. The two-year imprisonment sentenced by the court below to the summary of the reasons for appeal is too unreasonable.
3. Before determining the grounds for appeal by the defendant ex officio, prior to the determination of the grounds for appeal by the court below, the prosecutor examined the facts charged and the remaining facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, and the applicable provisions of the Act on the Punishment of Violences, etc. apply to "Special Bodily Injury," and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act," respectively, to "Article 285-2 (1) of the Criminal Act." This court permitted this, thereby changing the subject of the judgment of the court below to the point of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the judgment below. Thus, the judgment below cannot be maintained.
4. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.