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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 of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.
2. According to the records of this case’s judgment ex officio, the Defendant, at the Jeju District Court on May 2, 2019, sentenced eight months to imprisonment for a violation of the Act on Special Destruction and Damage of Property and Emergency Medical Services and the Emergency Medical Services Act, and the judgment became final and conclusive on November 15, 2019.
Therefore, since each crime of the judgment below against the defendant and each of the above crimes for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment for each crime of the judgment of the court below should be sentenced in consideration of equity in the case where the judgment is to be held simultaneously in accordance with the main sentence of Article 39 (1) of
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, on the ground that there is a ground for ex officio reversal as seen above, and it is again decided as follows.
【Reasons for the Judgment in 201Da369 delivered on November 15, 2019 and the judgment in 2019 became final and conclusive on November 15, 2019). Thus, except for adding "The defendant was sentenced to eight months in imprisonment with labor at the Jeju District Court on May 2, 2019 for the crime of causing special property damage and the violation of the Emergency Medical Service Act" to the facts constituting the crime and the summary of the evidence acknowledged by the court below as stated in each corresponding column of the judgment of the court below, it shall be quoted as it is in accordance
Application of Statutes
1. Relevant Article 314 (1) of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of punishment for the crime, the choice of punishment for the crime
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the former part of each crime and each judgment, the crime of destroying and damaging special property for which judgment has become final, and the crime of violating the Emergency Medical Services Act);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;