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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.
2. In full view of the arguments of this case and the reasons for sentencing indicated in the records, such as the Defendant’s age, character and environment, social relationship, etc., the lower court’s punishment seems unfair, since it appears that the Defendant’s punishment was unreasonable, since all of the crimes of this case were led to the Defendant’s conviction, and the Defendant’s improper argument for sentencing is with merit.
3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled after pleading.
【The grounds for the judgment in its entirety 【The facts constituting a crime and the summary of evidence admitted by the court below 】 1. The gist of the facts constituting a crime and the summary of evidence is as follows: (a) the defendant’s partial statement “1. Defendant’s own trial statement” is changed to “the Defendant’s own trial statement” as stated in each corresponding column of the judgment of the court below; and (b) thus, they are
Application of Statutes
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime; Article 268 of the Criminal Act (the escape after occupational injury); Articles 148 and 54(1) of the former Road Traffic Act (amended by Act No. 14356, Dec. 2, 2016); Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. An order to attend a course under Article 62-2 of the Criminal Act;