Text
All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Reasons
The 1st sentence of the lower court (two months of imprisonment) and the 2nd sentence of the lower court (six months of imprisonment) on the summary of the grounds for appeal (unfair sentencing) are too unreasonable.
Before the judgment on the grounds for appeal ex officio, the judgment of the court of first instance and the judgment of the court of second instance against the defendant were sentenced respectively, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of second judgment cannot be maintained as they are.
Therefore, the judgment of the court below Nos. 1 and 2 is reversed and the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence admitted by this court in the first instance judgment on June 21, 2017, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor for special intimidation, etc. at the Jung-gu District Court on June 29, 2017, and the judgment became final and conclusive on June 29, 2017.
In addition, “1. Before the judgment,” the summary of the evidence added “1. Before the judgment,” and “the result of search of the case and the text of the judgment,” and the first head of the judgment of the court below was sentenced on June 21, 201 to the suspension of the execution of six-month imprisonment with prison labor for special intimidation, etc. at the Jung-gu District Court on June 21, 2017.
“The Defendant was sentenced on June 21, 2017 to a two-year suspended sentence of imprisonment with prison labor for a special intimidation, etc. at the District Court of the Speaker on June 21, 2017, and the judgment became final and conclusive on June 29, 2017.
“1. Before the judgment,” and the summary of the evidence, the phrase “1. Before the judgment,” “written reply to inquiries, such as criminal history,” is written in reply to inquiries, written judgments, and written in case.