The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

evidence of seizure.

The summary of the grounds for appeal by the defendant is that the sentence of the court below that sentenced the defendant to one year and six months of imprisonment and confiscation is too unreasonable.

Before determining this, according to each of the judgments, including the following: (a) the Defendant’s trial statement and the conet case search; and (b) the Ulsan District Court 2013Dadan2434, Jan. 17, 2014, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Ulsan District Court on November 13, 2014; and (c) the above judgment became final and conclusive on November 13, 2014. Since the special larceny, etc. established as above and the crime of this case are in concurrent crimes under the latter part of Article 37 of the Criminal Act, the sentence against the crime of this case shall be determined at the same time in consideration of equity and cases under Article 39(1) of the Criminal Act. In this regard, the lower judgment was no longer maintained.

Therefore, pursuant to Article 364(2) and (6) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio, and it is again decided as follows.

[C] The summary of criminal facts and evidence against the defendant recognized by this court was corrected as "the criminal facts of the judgment of the court below [criminal records] 3rd," and the following judgment was finalized on November 13, 2014 by being sentenced to imprisonment of 2 years and 6 months with labor for special larceny, etc. at the Ulsan District Court on January 17, 2014.

In addition, “1. The previous conviction” in the summary of the evidence is identical to each corresponding column of the lower judgment, except for the addition of “1. The Defendant’s trial statement at the trial, the Konet case search, and the Suwon District Court’s Ansan Branch Decision 2014Nodan1614” in the last part of the “1. The previous conviction” as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act (Presiding over Provisions of the same Act concerning the crime) (Options of Imprisonment);

1. The decision of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning the treatment of concurrent crimes has become final and conclusive;