The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to six months of imprisonment with prison labor on March 13, 2019 for a crime, such as violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, in the support of the Daejeon District Court (Seoul District Court Decision 2008Do209, Oct. 23, 2008) and confirmed on August 7, 2019, which was after the sentence of the judgment below of this case. As stated in the judgment of the court below, the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, which became final and conclusive (a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, (b) is a concurrent crime under the latter part of Article 37 of the Criminal Act and a punishment is determined in consideration of equity (see, e.g., Supreme Court Decision 2008Do2
3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, on the ground that the above grounds for reversal ex officio are established, and the judgment below is again ruled as follows.
[Discied reasoning of the judgment below] The summary of criminal facts and evidence added "the criminal facts recognized by this court" to the first head of the judgment below's "criminal facts" and the summary of the evidence to "the defendant was sentenced to six months of imprisonment with prison labor on March 13, 2019 for the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras, etc.)" and the above judgment became final and conclusive on August 7, 2019." The summary of the judgment of the court below is the same as that of each corresponding column of the judgment of the court below, except for adding "1. Copy of the judgment" to "the summary of evidence" as stated in "the summary of evidence".
Application of Statutes
1. Relevant Article of the Act on Criminal Facts and Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the selection of fines and the selection of fines for the crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Article 70(1) of the Criminal Act for the detention of a workhouse.