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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.
2. According to the evidence duly adopted and examined by the court below and the court below on August 24, 2012 before determining the grounds for appeal by the defendant ex officio, the defendant was sentenced to three years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Incheon District Court Branch Branch of the Incheon District Court on August 24, 2012, and it can be recognized that the judgment became final and conclusive on January 19, 2013. Each of the of the of the of the of the instant offenses in this case is in the concurrent relationship between the above violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and the latter part of Article 37 of the Criminal Act after the judgment of the court below was rendered, and is determined at the same time after examining whether to reduce or exempt the punishment in consideration of equity with the case where
3. Accordingly, the judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the evidence and the criminal facts recognized by this court and the summary of the evidence are as follows: “The execution was terminated” in the second criminal facts column of the judgment of the court below; “The execution was terminated; on August 24, 2012, the Incheon District Court was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) was finalized on January 19, 2013; and on January 19, 2013, the judgment became final and conclusive on January 24, 2013.” The summary of the evidence added “1. Investigation Report (Attachment of the Judgment) and confirmation of the fixed date” to the summary of the evidence,
Application of Statutes
1. The aggravated punishment, etc. of specific crimes as provided in the corresponding laws regarding criminal facts.