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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (the first judgment: imprisonment of 2 years and 6 months, and the second judgment: imprisonment of 8 months) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.
2. The judgment of the first and second court on the defendant's ex officio judgment was rendered, and the defendant filed an appeal against the first and second judgment on the judgment of the court below, and the court decided to hold the above two cases together.
Each crime of the first and second original judgments against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act. Thus, the first and second original judgments cannot be maintained as they are.
3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed under Article 364(2) of the Criminal Procedure Act without further proceeding to decide on the Defendant’s assertion of unfair sentencing. It is so decided as follows.
【The reasoning of the judgment in multiple times】 The facts constituting a crime and the summary of the evidence recognized by the court in this Court is added to “the statement of the defendant in this Court’s first trial record” in the part 2017 Go-Ma4655 among the summary of the evidence in the first trial of the court of first instance, and “the statement of the defendant A in part of the fourth trial record” in the part 2017 Go-Ma6109” is the same as the corresponding column of each judgment of the court, except for the alteration to “the statement of the defendant in part of the first trial record of this Court in this Court’s first trial record” in the part 2017 Go-Ma6109.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 347(1) of the Criminal Act concerning the crime and the choice of punishment (a comprehensive punishment by victim and method of crime), Article 329 of the Criminal Act, Article 329 of the Criminal Act, Articles 231 and 31(1) of the Criminal Act (a) of the Criminal Act, Articles 234 and 231 of the Criminal Act, each of the exercise of a falsified document, and imprisonment with labor;