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The judgment below
The guilty part shall be reversed.
A defendant shall be punished by imprisonment for not less than three months.
Reasons
1. The summary of the grounds for appeal is too unreasonable (three months of imprisonment). (2) Reviewing ex officio prior to the judgment on the grounds for appeal ex officio, prior to the judgment on the grounds for appeal on February 14, 2016, the Defendant was sentenced to imprisonment with prison labor for eight months on April 14, 2016 (Cheongju District Court 2016No38), and the said judgment became final and conclusive on May 9, 2016.
However, if the punishment of this case is determined pursuant to Article 39(1) of the Criminal Act as the crime of intrusion upon the Defendant and the crime of this case, which became final and conclusive, constitutes concurrent crimes by the latter part of Article 37 of the Criminal Act, the sentence should be imposed in consideration of equity with the case where the said final and conclusive crime of intrusion upon the Defendant was adjudicated simultaneously
Therefore, the judgment of the court below is no longer maintained.
3. Thus, the guilty part of the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the guilty part of the judgment of the court below is reversed, and it is so decided as follows.
[Judgment of the court below as to the guilty portion of the judgment below] The summary of the crime and the evidence admitted by the court of this court is as follows: (a) on November 6, 2015, the first head of the crime committed and the summary of the evidence was sentenced to ten months of imprisonment with prison labor for the crime of intrusion upon residence at the Cheongju District Court on April 14, 2016 and currently pending trial in the appellate court was sentenced to a punishment of eight months of imprisonment with prison labor for the crime of intrusion upon residence at the Cheongju District Court on May 9, 2016; and (b) on the column of the evidence, “1. previous conviction in the judgment: Defendant’s trial testimony at the court of first instance and the search of the case” was added to the corresponding column of the judgment below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act concerning the facts constituting the crime;