모욕등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of four million won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (the first judgment: the fine of one million won; the second judgment: the fine of one million won; the third judgment; the fine of two million won; the fourth judgment; the fine of two million won; and the fourth judgment: the fine of 150,000 won) are too unreasonable.
2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, this Court tried by combining the appellate cases against the lower judgment. Each of the instant offenses against the Defendant is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this respect, the lower judgment became unable to be maintained.
In addition, according to the records, the defendant can be acknowledged the facts that he was sentenced to one year of imprisonment and two months of imprisonment for fraud at the Busan District Court on November 5, 2015, and that the above judgment became final and conclusive on February 12, 2016. Since each of the crimes of this case is in the concurrent relationship between the above crime of fraud for which judgment became final and the latter part of Article 37 of the Criminal Act, a separate sentence should be imposed in consideration of equity with the case where judgment is rendered simultaneously in accordance with Article 39(1) of the Criminal Act, so the judgment of the court below cannot be maintained
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above reasons for reversal of authority, and it is again decided as follows.
Criminal facts
On November 5, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two months from the Busan District Court for fraud, and the above judgment became final and conclusive on February 12, 2016.
1. On December 18, 2014, the Defendant is asked to ask the Defendant whether the Defendant will work in front of the building in Busan Dong-gu, Busan, with the fact that the victim D was working in the Busan Dong-dong Police Station C District, who was called out after having received 112 reports on traffic accidents.