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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. The summary of the grounds for appeal presented an argument about mistake of facts in the statement of grounds for appeal, but withdrawn from the date of the first instance trial.
The punishment of the court below (two years of imprisonment) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to two months of imprisonment by interfering with bidding at the Suwon District Court on April 18, 2014, and the judgment became final and conclusive on August 30, 2014, and on April 11, 2014, the judgment became final and conclusive on September 27, 2014. As such, each of the crimes for which judgment became final and each of the instant fraud are concurrent crimes under the latter part of Article 37 of the Criminal Act, and each of the instant crimes is determined by considering equity among the cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and the mitigation or exemption of punishment is determined after examining whether to reduce or exempt the punishment. In this respect, the judgment of the lower court is no longer upheld.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment of the court below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence recognized by this court was confirmed, and the summary of the judgment of the court below was "the final and conclusive" in Section 18 of Section 2 of the judgment of the court below. On April 18, 2014, the judgment was finalized on August 30, 2014 after being sentenced to two months of imprisonment by bidding interference, etc. by the Suwon District Court, which became final and conclusive on August 30, 2014. On April 11, 2014, the judgment was rendered on September 27, 2014 and became final and conclusive on September 27, 2014."
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;