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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of two years and two months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that each of the punishments (two years of imprisonment, two months of imprisonment, and two months of imprisonment, and two months of imprisonment) of the original judgment is too unreasonable.
2. Ex officio determination
A. The judgment of the court below against the defendant who made a consolidated hearing decision was sentenced to each of them, and the defendant filed an appeal, and this court decided to hold a joint hearing of each of the above appeal cases. Since the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, one of the offenses against the defendant should be sentenced in accordance with Article 38(1) of the Criminal Act, and the judgment of the court below
B. According to the records of the instant case, the Defendant, on October 25, 2017, was sentenced to a suspended sentence of two years in the Seoul Eastern District Court 2017 Godandan992 to imprisonment with prison labor for the six months, and two hours in the community service order of 120 hours in the Seoul Eastern District Court, and the said judgment became final and conclusive on December 2, 2017.
However, each of the crimes of this case by the defendant is in a concurrent relationship between the crime for which judgment has become final and the crime of this case and the crime of this case after Article 37 of the Criminal Act, and a sentence should be imposed in consideration of equity with the case where judgment is to be rendered at the same time in accordance with the main sentence of Article 39 (1) of the Criminal Act. Thus, the judgment of the court below Nos.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the above unfair sentencing argument by the defendant, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
[Judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows: the first head of the facts constituting the crime of Articles 1 and 2 of the judgment below, and “the defendant is punished by imprisonment with prison labor for a night-time structure intrusion larceny on October 25, 2017 and two years after suspension of execution in June 200, and community service order 120 hours.