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광주지방법원 2015.09.08 2015노368

무고등

Text

The judgment below Nos. 1 and 3 shall be reversed.

The defendant shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (No. 1: 6 months of imprisonment, No. 2: fine of 3 million won, and No. 3: imprisonment of 6 months) of the lower court is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal ex officio (the judgment of the court below Nos. 1 and 3), prior to the judgment on the grounds for appeal, the defendant filed an appeal against the judgment of the court below, and this court decided to hold concurrent hearings with respect to the appeal cases against the judgment of the court below. Each of the crimes of the court below No. 1 and 3 against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment

B. The judgment of the court below on the assertion of unfair sentencing (the judgment of the court below of the second instance) is that the defendant assaulted and injured the victims aged 65 years and 69 years old, and assaulted the victims at the end of the minor vision with the victims, etc., and that the defendant reflects the crime, and that the defendant is going against the favorable sentencing factors, such as the fact that the victims are not injured, and that the victims are not injured, and other favorable sentencing factors such as the victims' age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are conditions for the punishment specified in the records and arguments of this case, are not too unreasonable.

3. As such, the Defendant’s appeal against the judgment of the second instance is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that there is no ground for appeal against the judgment of the second instance, and the judgment of the court below 1 and 3 is reversed ex officio pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing.