Text
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Three copies of the seized basic certificate (No. 6);
Reasons
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant, the court below held that the defendant's appeal was dismissed ex officio, 101 pages 101 of the original right (Evidence 1), 4777 of the original right (Evidence 2), and 8 of the Japan Won Won Won Won Won (Evidence 3). However, the above evidence Nos. 1, 2, and 3 of the above evidence Nos. 1, 2, and 3 are not applicable to the goods or crimes provided or provided for criminal acts, and thus, it cannot be confiscated. However, the court below erred in the forfeiture of the above evidence Nos. 1, 2, and 3, and such illegality affected the judgment. In this regard, the judgment of the court below was no longer maintained.
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the following judgment is delivered in accordance with the reasoning of the judgment below on the grounds that the judgment of the court below is reversed ex officio.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to that stated in each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 347-2 and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Reasons for sentencing under Article 48(1) of the Criminal Act;
1. Class 1 (less than KRW 100,00) in the mitigated area (one year or two years or six months): Simple participation;
2. Determination of sentence does not lead each of the crimes of this case, but has intelligence at the boundary line level and health is very good, and the primary offender may be considered as sentencing data favorable to the defendant.
However, this case is so-called.