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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
Reasons
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment) is too unreasonable.
2. According to the records, the Defendant, at the Jeonju District Court on September 19, 2012, sentenced 6 months of imprisonment, additional collection of 877,00 won to a violation of the Act on the Control of Narcotics, Etc., and confirmed on October 9, 2012 that the said judgment became final and conclusive on October 9, 2012. The crime in the judgment of the court below is in a concurrent relationship between the above crime for which the judgment became final and the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity and the case at the same time under Article 39(1) of the Criminal Act. Thus, the judgment below was no longer upheld
3. According to the conclusion, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment is rendered again through pleading as follows.
[Dao-written judgment] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime are as follows: "The defendant was sentenced to 6 months of imprisonment, additional collection of 877,00 won at the Jeonju District Court on September 19, 2012 for the violation of the Act on the Control of Narcotics, etc. (fence) and the judgment above was finalized on October 9, 2012." The summary of the evidence is the same as the corresponding column of the judgment of the court below, except for addition of "cotenet case search and copy of each decision" to the summary of the evidence. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that there is no record of punishment for a crime of the same kind as the reasons for sentencing under Article 62(1) of the Criminal Act, and that there is no minor character of the crime in light of the circumstances favorable to the defendant, the details and methods of each of the crimes of this case, and the amount of fraud.