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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The judgment has the history of punishing the Defendant for a series of crimes of the same kind, and the Defendant has been subject to punishment, such as punishment, for a period of less than 14 times and 3 months during the repeated crime period, and took a bath against the police officer, and thus, the nature of the crime is very good. Moreover, considering the fact that as a result of the trial of sentencing at the trial of the first instance, the Defendant still is urgent to avoid the seriousness of the drinking problem and is urgent to avoid the responsibility, and the improvement intention is rarely unlikely, the risk of recidivism is very high, and thus, it is necessary to isolate the Defendant from society for a considerable period of time to prevent recidivism.
However, the above judgment becomes final and conclusive on October 2, 201 by failing to file an appeal after being sentenced to imprisonment for two months in the first instance trial on October 2, 2014, since each of the crimes in this case is in conflict with the crime of fraud in which the short-term sentence becomes final and the latter part of Article 37 of the Criminal Act is concurrent crimes with the crime of fraud in which the above judgment becomes final and conclusive under Article 39(1) of the Criminal Act, taking into account equity among the cases where the above judgment is to be judged simultaneously with the crime of fraud in which the above judgment becomes final and conclusive under Article 39(1) of the Criminal Act, and other conditions of sentencing as shown in the records, such as the defendant's age, character and behavior, environment, etc.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.
Criminal facts
The judgment of the court below regarding facts constituting an offense and the gist of evidence recognized by this court.