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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
The decision of the court below on the grounds of appeal (one year and six months of imprisonment) is too unreasonable.
Judgment
Prior to the judgment on the grounds for appeal by the defendant, the records show that the defendant was sentenced to imprisonment with prison labor for the crime of acquiring stolen goods at the Seoul Northern District Court on October 28, 2014, and the above judgment was finalized on March 9, 2015. On February 4, 2016, the Seoul Northern District Court sentenced three years to imprisonment with prison labor for the crime of conducting forged official documents at the Seoul Northern District Court on March 28, 2016, and recognized the facts that the above judgment became final and conclusive on March 28, 2016. As above, each of the above crimes and each of the instant crimes for which judgment became final and conclusive are concurrent crimes under Article 37 of the Criminal Act and each of the instant crimes are concurrent crimes under Article 39 (1) of the Criminal Act. In this regard, the part of the judgment of the court below against the defendant can no longer be maintained.
Therefore, the part of the judgment of the court below regarding the defendant is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the part of the judgment of the court below against the defendant is reversed, and it is again decided as follows.
[Judgment] The summary of criminal facts and evidence recognized by this court is the criminal facts and the summary of the evidence among the judgment below, and the judgment of the court below became final and conclusive on March 9, 2015 after having been sentenced to ten months of imprisonment for the acquisition of stolen goods at the Seoul Northern District Court on October 28, 2014. On February 4, 2016, the Seoul Northern District Court sentenced three years of imprisonment with prison labor for the following reasons:
In addition to adding "," it is the same as the entry of each corresponding column against the defendant in the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Each of the relevant Articles of the Act concerning the facts of crime;