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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal is that the Defendant committed the instant crime during the period of repeated crime and thus constitutes disqualified person for suspended sentence, and thus, the court below erred by misapprehending the legal principles.
2. The proviso of Article 62(1) of the Criminal Act provides that “Where a sentence is imposed on a crime committed during a period of three years from the time a judgment sentencing imprisonment without prison labor or heavier punishment became final and conclusive, the execution of the sentence shall not be suspended.”
According to the evidence duly adopted and examined by the court below, the defendant was sentenced to one year of imprisonment with prison labor at Jeju District Court on July 15, 201 and completed the execution of the above punishment on March 17, 201. The court below erred by misapprehending the legal principles on the grounds for disqualification from the suspension of execution, which affected the conclusion of the judgment.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Acts of Violence, Etc., Article 257 (1) of the Criminal Act, Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc., Article 3 (1) and Article 2 (1) 1 of the Criminal Act, Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 314 (1) of the Criminal Act concerning the crime;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act shall apply.