위증
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
The court below's punishment (2,00,000 won) against the defendant as to the summary of the grounds for appeal is too unreasonable.
The grounds for appeal by the defendant shall be examined ex officio prior to the judgment.
On January 15, 2016, the Defendant was sentenced to 8 months of imprisonment with labor for a violation of the Trademark Act, etc. at the Busan District Court on April 15, 2016, and the judgment became final and conclusive on April 15, 2016. The Defendant’s crime and the crime of violation of the above Trademark Act, etc. against the Defendant, which became final and conclusive, shall be sentenced to punishment for the crime committed in the lower judgment by taking into account equity among the cases where the Defendant simultaneously ruled it pursuant to Article 39(1) of the Criminal Act
In this regard, the prosecutor added "Article 37 and Article 39 (1) of the Criminal Act" to "Article 39 (1) of the Criminal Act" among the provisions of the law applicable to the indictment of this case in the trial of the party. Of the facts charged, the defendant was sentenced to eight months imprisonment with labor for violating the Trademark Act at the Busan District Court on January 15, 2016 and the judgment became final and conclusive on April 15, 2016.
“A request for amendments to Bill of Indictment was filed,” and this Court allowed this.
In this respect, the judgment of the court below cannot be maintained as it is.
In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence recognized by this court is the first head of "criminal facts" column, and the judgment was finalized on April 15, 2016, when the defendant was sentenced to eight months of imprisonment by the Busan District Court for violating the Trademark Act, etc.
The summary of “B and B” evidence is as follows: (a) previous records in the last sentence of “1.”; (b) investigation reports (verification of final judgment); and copies of each judgment, other than adding “B” as stated in each corresponding column of the judgment of the court below; and (c) they are cited by Article 369 of the Criminal Procedure Act.