beta
Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The main point of the grounds for appeal is that the defendant's imprisonment for six months sentenced by the court below is too unhued and unfair.
2. Before the judgment on the grounds for appeal by the prosecutor ex officio, the records show that the Defendant was sentenced to six months of imprisonment on May 28, 2014 due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc. causing damage, etc. to a deadly weapon) in the Busan District Court’s subsidiary branch branch branch, and that the above judgment became final and conclusive on August 30, 2014. As such, the above crime for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and each of the above crimes in the judgment of the court below are determined by the sentence after considering the case of concurrent judgment and equity pursuant to Article 39(1) of the Criminal Act and examining whether mitigation or exemption of punishment is to be mitigated or exempted
3. Accordingly, 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, and the judgment below is again decided as follows after oral argument.
Criminal facts
The summary of the facts of the crime and the evidence that the court recognizes and the summary of the facts of the crime [criminal records] in the 3th sentence, the defendant added "in addition, the defendant was sentenced to six months of imprisonment for the crime of violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc. causing damage to property) at the Busan District Court's Dong Branch on May 28, 2014, and the above judgment became final and conclusive on August 30, 2014," and "D" in the 2nd sentence of paragraph (1) 2 of the facts of the crime and paragraph (2) 4 of the facts of the crime as "J" and "B" are stated "1. prior conviction" of the summary of the evidence as stated in each corresponding column of the judgment of the court below except for the addition of "1. criminal records, conet search outputs of the case, and each written judgment". Thus, it shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1..