beta
Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for four months.
Reasons
1. The 8-month imprisonment sentenced by the court below is too large and unfair.
2. Prior to the judgment on the grounds for appeal ex officio, according to the records of this case, the defendant was sentenced to imprisonment on March 8, 2013 by this court for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and on August 5, 2013, it can be recognized that the above judgment became final and conclusive on August 5, 2013. As such, in the crime of violation of the Act on the Aggravated Punishment, etc., of Specific Crimes, etc., of which the judgment became final and conclusive, and the crime of larceny, in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act, determined a punishment after considering equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and considering the mitigation or exemption
3. If so, the part of the judgment of the court below against the defendant is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's allegation of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the criminal facts and the evidence against the defendant recognized by this court is as follows: "The defendant A was sentenced to one year and one year of imprisonment at the Daejeon District Court on June 15, 2007 for the violation of the Road Traffic Act (unlicensed Driving), and the execution of the sentence at the Daejeon Correctional Institution on April 30, 2008 is terminated on April 15, 2007" "The defendant A was sentenced to one year of imprisonment for the violation of the Road Traffic Act (Unlicensed Driving) at the Daejeon District Court on April 30, 2008; after the execution of the sentence was completed at the Daejeon Correctional Institution on April 30, 2008; and on March 8, 2013, he was sentenced to one year and six months of imprisonment with prison labor at the Daejeon District Court on March 8, 2013 and changed to the final judgment on August 5, 2013"; and evidence.