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All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for two years.
but for three years from the date this judgment becomes final.
Reasons
1. The sentence of the lower court (one year and six months, and one year and six months, and one year and six months) against the Defendant based on the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination
A. We examine the defendant's grounds for appeal ex officio prior to the judgment
B. The Defendant filed an appeal against the judgment of the court below in the first and second instances, and this court decided to hold a joint hearing of each appeal against the judgment of the court of first and second instances.
Each of the crimes in the judgment of the court below in the first and second instance against the defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court of first and second instance which sentenced a separate punishment against the defendant cannot be maintained
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.
[Dao-written judgment] The criminal facts of the defendant and the summary of evidence recognized by this court are identical to the corresponding columns of the judgment of the court below, except for the alteration of "1. The defendant's partial statement" from among "the summary of evidence" of the judgment of the court of second instance to "1. The defendant's oral statement at the court of first instance". Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Relevant Articles 225 and 30 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, Articles 229, 225 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act;
1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes;
1. The Criminal Act, the suspension of execution;