특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
All judgment of the court below shall be reversed.
Defendant shall be punished by imprisonment for a year and six months, and a fine of 5,000,000 won.
seizure No. 2.
1. The summary of the grounds for appeal is unreasonable because each of the punishments (the first instance judgment: the fine of 5 million won, the second instance judgment: the imprisonment of 1 year and 6 months and the confiscation) declared by the original judgment against the defendant is too uneasible.
2. Before the judgment on the grounds for appeal by the prosecutor of the judgment, each of the judgments of the court below which the court below found guilty was consolidated and tried in the trial. However, each of the crimes in the judgment of the court below is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be punished in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.
3. According to the conclusion, the judgment of the court below ex officio under Article 364(2) of the Criminal Procedure Act without examining the prosecutor’s grounds for appeal of unfair sentencing is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 58 Subparag. 3 of the relevant law as to facts constituting an offense, Articles 43(1) (the intake of harmful chemical substances, choice of imprisonment), Articles 38 and 14(1) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders (the choice of fines for damage to electronic devices as of February 20, 2013), Articles 144(1) and 136(1) of the Criminal Act (the choice of imprisonment for the damage of electronic devices as of July 30, 2013), Articles 144(1) and 136(1) (the selection of imprisonment for the crime of damaging special public duties and the selection of imprisonment for the crime);
1. Article 35 of the Criminal Act among repeated crimes (Provided, That the same shall not apply to a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders due to damage to the electronic device on February 20, 2013);
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;
1. The defendant's reason for sentencing under Article 48 (1) 1 of the Criminal Act is the same.