향토예비군설치법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 700,000) is too unreasonable.
2. In all the facts charged by a prosecutor at the trial of the party, the Defendant was sentenced to imprisonment with prison labor for ten months and two years of suspended execution on July 28, 2017, and the judgment became final and conclusive on August 5, 2017.
In addition, “the latter part of Article 37 of the Criminal Act” under the applicable law was applied to the application for changes in the indictment, and since this court permitted this, the judgment of the court below can no longer be maintained.
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: (a) adding all the criminal records listed in paragraph (2) above to the criminal history of the judgment of the court below; and (b) adding “1. court rulings” to the summary of the evidence, it is identical to each corresponding column of the judgment of the court below; and (c) accordingly, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 15(2) of the Act on the Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 2016) and Article 15(2) of the former Establishment of Local Reserve Forces Act, the choice of fines for criminal facts
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the crime of this case where: (a) there is no record of criminal punishment except for the punishment of fines once for the crime of this case at the time of the crime of this case; (b) the Defendant’s economic situation appears to be inappropriate; (c) the legislative intent of the Act on the Law of Reserve Forces for the efficient management of the reserve forces power; and (d) the balance of general amounts of punishment in the same