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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
seizure.
Reasons
1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. According to the evidence duly adopted and examined by the court below and the court below, the defendant was sentenced to imprisonment for six months as a crime of violation of the Road Traffic Act at the Jeju District Court on June 27, 2019 and two years of suspended execution, etc. on July 10, 202, and the judgment became final and conclusive.
Therefore, since each crime of the judgment of the court below and the above violation of the Road Traffic Act, for which the judgment of the court below against the defendant became final, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime shall be imposed in consideration of equity in the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act, and therefore
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.
【The reasoning of the judgment of the court below (the part against the defendant)] The criminal facts and the summary of the evidence admitted by the court below and the summary of the evidence are added to the first head of the criminal facts of the judgment of the court below, "the defendant A was sentenced to a suspended sentence of six months on June 27, 2019 for the crime of violation of the Road Traffic Act (MHNX)" and the judgment of the court below became final and conclusive on July 10, 2020. "PHNIX" of the crime No. 20592 of the judgment of the court below is limited to "PHENX" as "PHENX," and the facts of the crime and the summary of the evidence are stated in the first head of the judgment of the court below. The judgment of the court below stated that "the defendant A performs or renders a speculative act" of each of "the criminal records of the court below and the investigation report (the investigation report of the evidence of the court below)" and the additional statement of the court below to "A."