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The judgment below
The part against the defendant shall be reversed.
Defendant 2012 Highest 2941, 2012 Highest 3090, respectively.
Reasons
1. The sentencing of the lower court (one month of imprisonment with prison labor for each of the crimes listed in the holding in the Decision No. 2012, 2941, 2012, 2012, 3090) is too unreasonable for the gist of the grounds for appeal.
2. Prior to the judgment on the grounds for appeal by the defendant, the court below, ex officio, sentenced the defendant to six months of imprisonment with prison labor for each of the crimes listed in the judgment of 2012, 2941, 2012, 3090 and 2012, 3090, respectively, but the court below sentenced the defendant to six months of imprisonment with prison labor for each of the crimes listed in the judgment of 6 months, 2013, 2013, and 236. However, since the statutory punishment for special larceny listed in Article 331(2) and (1) of the Criminal Act was "a term of imprisonment with prison labor for not less than one year but not more than ten years", in order to sentence the defendant as above, the court below sentenced the defendant to a punishment exceeding the applicable sentencing range without omission
3. 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 part of the judgment below against the defendant is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 331(2) and (1) of the Criminal Act, Article 342, Article 331(2) and Article 331(1) of the Criminal Act, Article 70(1)3 of the Specialized Credit Financial Business Act, Article 30 of the Criminal Act, Article 30 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, Articles 2(2) and 30 of the Punishment of Violences, etc. Act, Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the selection of imprisonment with prison labor).