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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for two years.
Seized evidence 3 through 14 shall be confiscated.
Reasons
1. Summary of grounds for appeal;
A. Since the Defendant voluntarily surrenders himself to the investigative agency through pro-Japanese, the lower court applied the self-denunciation provision of Article 52(1) of the Criminal Act, which is a legal reason for mitigation, or analogically applied the self-denunciation provision of a crime of false accusation that is similar to the criminal fact (the reason for necessary mitigation). However, the lower court sentenced a heavy sentence without any excessive punishment, even though it is considered as the reason for small amount mitigation.
B. Each sentence sentenced by the court below to the defendant (the first sentence: imprisonment of 1 year and 6 months; imprisonment of 3 through 14; imprisonment of 2 months): imprisonment of 8 months) is too unreasonable.
In particular, the first instance court held that the Defendant kept a cream card for the purpose of committing the singing crime through a public offering with the staff of the singishing
Although it is recognized, it is based on the premise of sentencing.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the judgment of the court below is reversed ex officio as follows, and the judgment of the court below cannot be maintained any more.
However, the defendant's assertion of reduction of the number of self-denunciation is still subject to the judgment of this court even though there are reasons for reversal as follows, so this will be examined below.
A. In the joint hearing of this Court, each appeal case against the judgment of the court below was consolidated and tried, and each of the offenses at the time of the judgment of the court below is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, in accordance with Article 38(1) of the Criminal Act, a single sentence should be punished within the scope of the term of punishment aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard
B. Amendments to Bill of Indictment (No. 1 of the judgment of the court below) No prosecutor shall keep, deliver and distribute access media with the knowledge that it will be used for a crime.
The defendant is able to do so through the telegrams.