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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. Each punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for a year and two months, and imprisonment with prison labor for a year and one year) is too unreasonable.
(b)a sentence sentenced to the first instance judgment of the Prosecutor (one year and two months of imprisonment) is deemed to be too unhued and unfair;
2. On the judgment of the court below, the prosecutor filed an appeal against the judgment of the court below against the judgment of the court below, and the pleadings were combined in the trial at which the prosecutor filed each appeal against the judgment of the court below. Since each of the offenses the judgment of the court below was concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act, the judgment of the court below that sentenced a separate punishment for each of the above offenses cannot be maintained in this respect
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, without examining each of the unfair arguments of sentencing by the defendant and the prosecutor, on the grounds that there are grounds for reversal ex officio as seen above, and the judgment below is reversed in entirety, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by the court are as follows: (a) except for the deletion of “the above G, etc.” in paragraph (4) 5 of the first instance judgment’s column for the criminal intent of the judgment; and (b) as such, the relevant column of the judgment below is identical to the relevant column of the judgment below. Therefore, it is cited in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article 141(1) of the Criminal Act, Article 136(1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes by causing damage to goods for public use with the largest punishment) of the Act on the Aggravated Punishment of Concurrent Crimes is that the defendant made a confession of all the crimes, and his mistake is divided, and the victims of larceny are the defendant.