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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 sentence imposed by the court below (six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor applied for changes in the indictment by adding some crimes to the defendant as stated in the following facts constituting the crime at the time of the trial. This court permitted the above changes in the subject of the judgment, and the added parts as above should be sentenced to one punishment in relation to the crime as stated in the judgment of the court below. Thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed pursuant to 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.
[The reason for the judgment of the Seoul Southern District Court in November 13, 2003] Criminal facts / [criminal records] The defendant was sentenced to the suspension of the execution of imprisonment for four months with prison labor for larceny at the Seoul Southern District Court on July 16, 2004; one year from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on July 6, 2006; one year from the Seoul Central District Court on November 3, 2006; two years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) at the Seoul Southern District Court on September 12, 2007; two years from the Seoul Southern District Court on July 26, 2013; one year and six years from imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes; one year and six years from the Seoul Central District Court on September 17, 2013 to a fine of 207.
【Criminal Facts】
1. On July 17, 2017, the Defendant around 06:25.