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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not less than eight months.
Reasons
1. The sentence (No. 1: Imprisonment with prison labor for 6 months, and imprisonment with prison labor for 4 months) declared by the court below on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.
[Re-written judgment] The summary of the facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions of the Criminal Act, Article 350(1) of the Criminal Act (a) of the choice of punishment for the crime, Article 257(1) of the Criminal Act (a point of harm), Article 283(1) of the Criminal Act (a) of the Criminal Act, and Article 283(1) of the Criminal Act (a point of intimidation), the choice of imprisonment
1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;
1. Scope of the recommended sentences according to the sentencing criteria;
(a) Class 1 Crimes (Assaults) [Determination of Type of Violence] and No Class 1 (General Injury) (Special Sentencing) (Scope of Recommendation Penalty) are basic areas (from April to June 1)
B. Type 1 (less than KRW 30 million) (the amount below KRW 30 million) (the scope of recommended punishment) does not constitute a basic area (the scope of recommended punishment between June and 1 year).
C. Type 1 (General Intimidation) (the scope of recommending punishment) (the scope of recommending punishment) is the basic area (two months to one year) of the crimes of intimidation.
(d)the scope of final sentence due to the aggravation of multiple offenses: