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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a period of two months.
Reasons
1. The sentence of the lower court (two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal.
On July 5, 2017, the Defendant was sentenced to one year to imprisonment with prison labor for habitual night residence theft, etc. at the Jeju High Court’s Jeju High Court’s Jeju High Court’s Jeju High Court’s Jeju High Court’s decision on August 25, 2017, and the above judgment became final and conclusive on August 25, 2017. Since the crime of the lower judgment against the Defendant and the above habitual night residence intrusion larceny, etc., which became final and conclusive, are in a concurrent relationship with the latter part of Article 37 of the Criminal Act, the Defendant should be sentenced to punishment in consideration of equity with the case where the judgment is to be rendered at the same time pursuant
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
【Grounds for a new judgment of the Supreme Court】 The criminal facts and summary of evidence recognized by this court are the criminal facts of the judgment of the court below / [criminal records], which were sentenced to one year of imprisonment with prison labor at the Jeju District Court on April 20, 2017, for habitual night residence intrusion larceny, etc., and the appeal is pending after being sentenced to one year of imprisonment with prison labor at the Jeju High Court Department of Gwangju High Court on July 5, 2017.
“Around July 5, 2017, the Jeju High Court was sentenced to one year to be sentenced to imprisonment for habitual night night residence larceny, etc. at the Jeju High Court Department of Gwangju, and the said judgment became final and conclusive on August 25, 2017.
“In addition to the addition of “1. previous convictions” in the summary of the evidence to “1. previous convictions” as stated in each corresponding column of the judgment of the court below, such addition is the same as indicated in the corresponding column of the court below. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.
1. Article 347(1) (the point of fraud) of the Criminal Act and Article 70(1)3 (the theft debit card) of the Act on Specialized Credit Financial Business concerning the facts constituting an offense.