절도등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
According to the records of this case, the defendant was sentenced to one year of imprisonment for fraud, etc. at the Seoul Northern District Court on August 9, 2017, and the judgment became final and conclusive on October 31, 2017. Thus, each crime and the above crime of fraud, etc. against the defendant, for which the judgment of the court below became final and conclusive on October 31, 2017, shall be sentenced to punishment for the crime of this case in consideration of equity with the case where the judgment of the court below is concurrently rendered pursuant to the main sentence of Article 39(1) of the Criminal Act in relation to concurrent crimes after Article 37 of the Criminal Act
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows after pleading.
[Re-written judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are the first head of the lower judgment’s criminal facts and the judgment became final and conclusive on October 31, 2017, on which the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court on August 9, 2017.
“A previous conviction in the judgment of the court below” is added to “1. The summary of the evidence at the end of the judgment of the court below, and except for the case search (Seoul Northern District Court Decision 2017No. 1712) and each of the written judgments (Seoul Northern District Court Decision 2017No. 1126, 2017 No. 1712) are as stated in each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act applicable to criminal facts, the choice of punishment, Article 329 of the Criminal Act (Section 3), Article 70(1)3 of the Act on Specialized Credit Financial Business (the illegal use of debit cards) and Article 347(1) of the Criminal Act (the fraudulent use), Article 230 of the Criminal Act (the illegal use of official document).