상해
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. In light of the gist of the grounds for appeal by the defense counsel (unfair form of punishment) is against the defendant, and there are circumstances to consider the circumstances leading to each of the crimes of this case, the degree of damage is minor, and the equity between the case and the case where the judgment is to be rendered simultaneously in the relation of concurrent crimes with the crimes for which the judgment has already become final and conclusive, etc., the sentence of the court below imposing a fine of KRW 2,00,000 is too unreasonable.
2. We examine ex officio prior to the determination of the grounds for appeal.
According to the evidence, including the Defendant’s oral statement at the trial court, the Defendant was sentenced to a suspended sentence of two years on February 4, 2015 by the Suwon District Court for the crime of interference with business, etc. on the part of one year and six months, and the said judgment became final and conclusive on February 12, 2015.
However, each crime of the judgment of the court below which the defendant committed is a concurrent crime under the latter part of Article 37 of the Criminal Act and the latter part of Article 39 (1) of the Criminal Act, and the punishment should be determined in consideration of equity with the case where the judgment is rendered simultaneously
As a result, the lower court erred by exceeding the bounds of the Act and subordinate statutes that affected the conclusion of the judgment.
3. Conclusion, pursuant to Article 364(2) of the Criminal Procedure Act, the judgment of the court below is reversed ex officio and it is ruled as follows.
Criminal facts
The summary of the defendant's criminal facts and evidence is as follows: "The defendant was sentenced to two years of suspension of execution on February 4, 2015 by imprisonment with prison labor and on June 12, 2015, and the judgment became final and conclusive on February 12, 2015," and "1. The summary of the evidence is as stated in each corresponding column of the judgment of the court below, and all of them are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 257 of the Criminal Act concerning criminal facts and the choice of punishment