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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to seven hundred thousand won.
The defendant above.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each punishment (the first instance court: the imprisonment of eight months, and the second instance: the fine of one million won) of the original court is too unreasonable.
2. Before determining the grounds for appeal by the Defendant’s ex officio, the judgment of the court below in this case is in a concurrent crime under the former part of Article 37 of the Criminal Act, and as long as the court decides to hold concurrent hearings, the court shall determine and sentence all the above crimes to the Defendant in accordance with Article 38 of the Criminal Act. Accordingly, the judgment of the court below cannot be maintained any more in this point.
3. Accordingly, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, on the grounds of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 257 (1) and 136 (1) of the Criminal Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Relation between the Crimes of Bodily Harm and the Crimes of Obstruction of Official Duties
1. Selection of a person who has been sentenced to imprisonment with prison labor for each crime of injury on the judgment of choice of punishment and a fine for assault on the judgment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 62(1) of the Criminal Act on the suspended execution
1. The risk of recidivism shall be taken into consideration the character, conduct and high alcohol dependence of the accused, etc., taking into account Article 62-2 of the Criminal Act and Article 59 of the Probation, etc. Act;