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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We examine ex officio the grounds for appeal by the defendant and prosecutor prior to the determination of ex officio.
According to evidence duly adopted and examined by the trial court, the defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on May 4, 2016, and the judgment became final and conclusive on November 14, 2016.
Therefore, the punishment for the crime of special larceny, etc., for which the judgment of the court below became final and conclusive, shall be sentenced in consideration of equity in the case of concurrent judgments pursuant to Article 39(1) of the Criminal Act in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained.
3. Accordingly, the judgment of the court below is reversed among the judgment of the court below pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the following is again decided after hearing.
[C] The summary of the facts constituting an offense and evidence admitted by the court is changed to the 2nd sentence "the execution of the final sentence has been terminated", and "the execution of the final sentence has been terminated" was sentenced to two years of imprisonment for special larceny, etc. at the Suwon District Court on May 4, 2016, and the judgment became final and conclusive on November 14, 2016," and "the summary of evidence" is the same as the last "1..................." as well as the addition of the copy of the judgment and the “conscition auxiliary meeting of the agreement”, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 343 and 30 of the Criminal Act concerning criminal facts