위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.
2. In light of the language, legislative intent, etc. of the latter part of Article 37 and Article 39(1) of the Criminal Act ex officio before determining the grounds for appeal by the defendant, if a crime for which judgment has not yet been rendered could not be judged concurrently with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the crime of this case cannot be established concurrently with the crime after Article 37 of the Criminal Act, and that the sentence may not be imposed, or mitigated or exempted, taking into account equity and the case where a judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2014Do469, Mar. 27, 2014). According to an inquiry of criminal history and each written judgment attached to an investigation report (Attachment to the said judgment), the crime of this case can be seen to have been committed by the defendant, who had been sentenced to six months before being sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court, and that crime cannot be established by Seoul High Court 201.
Therefore, there is no room for applying Article 39(1) of the Criminal Act to the crime of which judgment became final and conclusive on August 31, 2016 and the crime of this case to the crime of this case, which provides that the relation of concurrent crimes cannot be established after the latter part of Article 37 of the Criminal Act, and that when sentencing a sentence for a crime which has not been adjudicated among concurrent crimes, the crime and the crime for which judgment became final and conclusive shall be considered concurrently
Even so, the lower court was capable of simultaneously rendering a judgment on August 31, 2016 with the instant crime and the crime for which judgment was rendered on August 31, 2016.
On the other hand, the latter part of Article 37 of the Criminal Code is concurrent crimes.