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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the prosecutor applied for changes in the indictment with respect to the name of the crime and the applicable provisions of the law in the trial before the judgment on the grounds for appeal, and the subject of the judgment was changed by this court. Thus, the judgment of the court below is no longer maintained.
3. Thus, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts of the crime and evidence admitted by this court is as follows: the summary of the facts of the crime of the judgment below [criminal records] except for the correction of the "as of November 27, 2009," "A" of the District Public Prosecutor's Office of "B" to "Songnam District Public Prosecutor's Office," "Songnam District Public Prosecutor's Office" to "Songnam District Public Prosecutor's Office," and "B" to "Song Cheongong prison" to "Cheongong prison," and therefore, it is identical to the corresponding column of the judgment of the court below. Thus, it is cited
Application of Statutes
1. Articles 332, 330, 329, and 342 of the Criminal Act, inclusive, with regard to the relevant criminal facts, refers to the crime of the so-called excessive form, which is to be punished as one of the crimes when the same kind of act is repeated habitually. Thus, if multiple acts of the same kind are recognized habitually, the remaining acts of the same kind of act shall be included in the most severe punishment and be punished as one of the most serious crimes (see Supreme Court Decision 98Do1359, Jul. 14, 1998; 98Do1359, Jul. 14, 1998;