The judgment below

Part 2 and 3 of the judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment with prison labor for crimes Nos. 2 and 3 of the judgment of the court below.

【Judgment on Grounds for Appeal】

1. The decision of the court below (one year of imprisonment with prison labor for a crime No. 2 and No. 3 as stated in the decision of the court below) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Determination

A. In full view of the following circumstances: (a) the crime of this part of the crime No. 1 as indicated in the judgment of the court below is committed against the Defendant, such as the confession of the crime against this part of the crime; and (b) the nature of the crime not enlisted without any justifiable reason favorable to the Defendant; and (c) in particular, the crime of this part is under the period of suspension of execution according to the final judgment of the court below; and (d) other circumstances that are the conditions of sentencing specified in the records, the sentence of the judgment of the court below

B. The part of the crime of Articles 2 and 3 of the judgment of the court below, along with his accomplices, stolen goods by intrusion upon the house of the victim J, and in light of the circumstances and methods of committing the crime of assaulting the victim H, the nature of the crime in this part of the crime is not good. The defendant was sentenced to one year and two months of imprisonment with prison labor and three years of suspended execution on April 10, 2013 at the Suwon District Court (collectively weapons, etc.), and the judgment became final and conclusive on July 18, 2013. Considering the fact that the defendant committed the crime of this part of the crime immediately after being released after being sentenced to the suspended execution in the above case, it is also necessary to punish the defendant.

However, in full view of the following circumstances, the Defendant’s confession of this part of the crime, the crime of final judgment and the crime of this part of the crime should be determined on this part of the crime in consideration of equity in the case of concurrent judgment, the suspension of execution becomes effective when imprisonment becomes final and conclusive as a result of the instant case, most damaged articles of the thief were returned to the J of the victim, and other circumstances constituting various conditions of sentencing.