The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The Seoul Central District Prosecutors' Office, which was seized, was pressured in 2015.

1. Summary of grounds for appeal;

A. In light of the legal principles, since the judgment of conviction rendered by the Seoul Western District Court on May 25, 201 by the Defendant for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes became final and conclusive, the decision to commence a new trial on the conviction of each of the crimes in this case cannot be deemed

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. First, we examine the Defendant’s assertion of misapprehension of the legal doctrine.

According to the provisions of Article 35 of the Criminal Procedure Act, a person who was sentenced to imprisonment without prison labor or a heavier punishment and commits a crime corresponding to imprisonment without prison labor or a heavier punishment within three years after the execution of the sentence is completed or exempted is punished by repeated crime. Thus, even if the sentence of imprisonment without prison labor or a heavier punishment becomes final and conclusive, the crime committed in the event that the execution of the sentence is not completed shall not be subject to

(2) Article 459 of the Criminal Procedure Act and Article 482 of the Criminal Procedure Act are as follows: (a) the provision on punishment in a criminal trial under the control of the principle of no punishment without the law should be interpreted in the direction favorable to the defendant; (b) the execution of sentence is to be executed after the judgment becomes final and conclusive (Article 57 of the Criminal Procedure Act and Article 482 of the Criminal Procedure Act). The starting point of the period of repeated detention (the exemption of execution by imprisonment without prison labor) is to meet all the requirements of “the sentence of a punishment, the confirmation of a punishment, the direction of execution, and the completion and exemption of execution,” and (c) the decision for retrial becomes final and conclusive by the decision for commencing a new trial becomes final and conclusive, so long as the decision for commencing a new trial becomes final and conclusive at the time of the judgment at issue of whether a repeated crime becomes final and conclusive, regardless of whether the decision for commencing a new trial becomes final and conclusive.