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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. In light of the legal principles, each of the instant crimes committed by misapprehending the legal principles, each of the instant crimes is in a concurrent crime relationship between the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) and the crime of violation of the latter part of Article 37 of the Criminal Act, which became final and conclusive in the court on July 3, 2015, and the crime of violation of the latter part of the Criminal Act
B. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
2. Determination
A. According to the record on the assertion of misunderstanding of the legal doctrine, the record reveals that the Defendant was sentenced to imprisonment with prison labor for the crime of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on June 25, 2015, two years of suspended execution of one year and six months, and one year of observing protection, and that judgment became final and conclusive on July 3, 2015.
According to the above facts, each of the crimes of this case committed by the defendant is in a concurrent relationship between the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) in which judgment has become final and conclusive and the crime of violation of the latter part of Article 37 of the Criminal Act (a group, deadly weapon, etc.) and the crime of violation of the latter part of Article 39 (1) of the Criminal Act, and a sentence should be determined and sentenced in consideration of equity and
3. If so, the defendant's argument of misunderstanding the legal principles is with merit, and without examining the defendant's unfair argument of sentencing, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the judgment below is again ruled as follows after pleading.
[Re-written judgment] The first head of the lower judgment’s criminal facts and the summary of the evidence established by the court and the summary of the facts charged are as follows: “The Defendant was sentenced to imprisonment with prison labor for a period of one year and six months suspension, two years suspension of execution, and one year observation of protection, and the judgment became final and conclusive on July 3, 2015, due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Cheongju District Court on June 25, 2015.
“1. Before the judgment,” in the column of the evidence.