재물손괴
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three months.
1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records, the Defendant was sentenced to four months of imprisonment on September 12, 2018 for violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.) in an Ansan District Court’s Ansan Branch on September 12, 2018, and the judgment became final and conclusive on January 2
Since the crime of the judgment of the court below and the above crime of the court below against the defendant for which the judgment of the court below has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, a punishment shall be imposed on the defendant in consideration of equity in the case of judgement at the same time pursuant to the main sentence of Article 39 (1) of the Criminal
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following decision is delivered without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal.
[The reasoning of the judgment below] The summary of the facts constituting a crime and evidence recognized by this court is as follows: "At the end of the judgment of the court below, 4 lines "" were terminated on September 12, 2018, 4 months have been sentenced to imprisonment on September 22, 2019 and the above judgment became final and conclusive on January 22, 2019." The second "a summary of evidence" column of the judgment of the court below is as follows: "1.: A report on the results of dispositions: a report on the results of investigation (the previous conviction related to a suspect), three copies of the judgment, one copy of the judgment of the court of appeal (the confirmation of the case during the appellate trial of the suspect), one copy of the investigation report, two copies of the case search of the case, the status of acceptance (A), the personal criminal records and investigation records (A), and the search of the case(2019Do1956)."