점유이탈물횡령등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of two months.
1. Summary of grounds for appeal;
A. Each of the instant crimes committed by the Defendant claiming mental or physical disorder is committed in a state of loss of mental or physical disorder or mental disorder due to early illness, etc.
B. The punishment of the lower court (six months of imprisonment) is too unreasonable.
2. According to the records on the Defendant’s assertion of mental and physical loss or mental weakness, the Defendant was deemed to have received medical treatment prior to the instant crime, but, in light of the content of the instant crime acknowledged by the evidence duly admitted and investigated by the lower court, the background leading up to the instant crime, the method and method of the crime, and the circumstances before and after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions due to the Cho-he et al. at the time of the instant crime.
does not appear.
Therefore, this part of the defendant's argument cannot be accepted.
3. We examine ex officio prior to the judgment on the grounds for appeal regarding the defendant's improper argument of sentencing.
According to the records, the defendant was sentenced to imprisonment on July 9, 2020 with prison labor for a violation of the Narcotics Control Act in the Daegu District Court Kimcheon-cheon Support for the crime of violation of the Act on the Control of Narcotics, etc. on October 29, 2020 and the above judgment became final and conclusive on October 29, 2020.
Therefore, since each crime of the judgment of the court below and the above violation of the Act on the Control of Narcotics, etc., for which the judgment of the court below became final, are concurrent crimes of the latter part of Article 37 of the Criminal Act, the punishment for each crime shall be sentenced in consideration of equity and cases at the same time under the main sentence of Article 39 (1) of the Criminal Act, and in this respect, the judgment of the court below shall not be maintained.
4. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows through pleading.