도박
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.
2. Where a concurrent offense prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered ex officio and a final and conclusive judgment became final and conclusive pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance, and
(see, i.e., Supreme Court Decision 2010Do15253, Jan. 13, 2011). According to the records, the Defendant was sentenced by the Suwon District Court on April 10, 201 to an order to complete a sexual assault treatment program for six months and 80 hours, due to quasi-indecent act, etc., and the Defendant was sentenced to an order to complete a sexual assault treatment program at the Suwon District Court on April 10, 201, and such judgment became final and conclusive on September
Thus, the crime of this case is deemed to be in the concurrent relationship between the above final judgment and the crime subject to the latter part of Article 37 of the Criminal Act. Thus, the court below ex officio reversed the judgment of the court below and determine the punishment in consideration of equity and the concurrent judgment pursuant to Article 39(1) of the Criminal Act. Therefore, the judgment of the court below is no longer maintained
3. Therefore, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant recognized by this court is as follows: "The defendant was sentenced by the Suwon District Court on April 10, 2014 to the completion of a sexual assault treatment program for 6 months and 80 hours of imprisonment due to quasi-indecent act by force, etc., and such judgment became final and conclusive on September 3, 2014." The summary of the evidence added "1. Defendant's trial statement" to the summary of the evidence, and it is the same as stated in each corresponding column of the judgment of the court below, so it is in accordance with Article 369 of the Criminal Procedure Act.