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The judgment below
The part against the defendant shall be reversed.
The defendant is a crime of "2012 Godan1335" in the judgment of the court below.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment and imprisonment for two years and six months) of the lower court’s sentence against the Defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the records of this case show that the court below, on October 30, 2009, sentenced a suspended sentence of one year and a fine of three million won on November 7, 2009 due to embezzlement, etc. committed by the police officer on May 30, 2006, was affirmed that the judgment became final and conclusive on November 7, 2009. As above, the crime of embezzlement, etc. and the crime of subparagraph 2 of Article 2012-Ma1335 of the Criminal Act committed by the latter part of Article 37 of the Criminal Act were related to concurrent crimes under the latter part of Article 37 of the Criminal Act. Thus, the judgment of the court below omitted the explanation of latter concurrent crimes of Article 37 of the Criminal Act with respect to the crime of "2012Ma135, 135" in the judgment above was no longer maintained
(4) On November 30, 2007, the defendant was sentenced to a suspended sentence of two years on December 8, 2007 by this court for fraud, etc. on November 30, 2007, and the judgment became final and conclusive on December 8, 2007. Thus, since the crime of "2012 Go-Ma1335" and Article 364 (2) of the Criminal Procedure Act was committed after the final and conclusive judgment on the crime of embezzlement, etc., the defendant was not sentenced to a single sentence after being tried together with the previous criminal records on the crime of embezzlement, etc. Therefore, the latter part of Article 37 of the Criminal Act concerning the crime of "2012 Go-Ma1335" and Article 39 (1) of the Criminal Act does not apply to the crime of this case.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is that the defendant A was sentenced to a suspended sentence of one year and a fine of three million won in August 30, 2009 at the Chuncheon District Court on the first head of the crime.