예비군법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal that the court below rendered is unreasonable because the punishment (500,000 won in penalty) that the court below declared is too unhued.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records, the defendant was sentenced to a suspended sentence of two years on May 23, 2017 for a period of six months, which was sentenced to a suspended sentence of two years for fraud at the Suwon Friwon, and the above judgment became final and conclusive on May 31, 2017.
The crime of fraud and this case, which has become final and conclusive, shall be sentenced to punishment for the crime of this case in consideration of equity in cases where a judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act due to the concurrent crimes relationship after Article 37 of the Criminal Act.
Therefore, the judgment of the court below cannot be maintained.
Since the judgment of the court below is reversed ex officio, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and the following is decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the facts constituting a crime, and the judgment of the court below became final and conclusive on May 31, 2017, when the defendant was sentenced to a suspended sentence of two years for a period of six months from May 23, 2017 to a prison term of six months for fraud.
The summary of the evidence " must be added," and the summary of the evidence "B" is as shown in the corresponding column of the judgment of the court below, except for the addition of "B", so it shall be quoted as it is by Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 15 (2) and 6-2 of the Act and the selection 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 fact that the establishment of the Defendant’s reserve forces was hindered due to the registration of unknown residence in the grounds for sentencing under Article 334(1) of the Criminal Procedure Act is unfavorable to the Defendant.
On the other hand, the defendant.