폭력행위등처벌에관한법률위반(공동감금)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 1.5 million won.
The above fine shall not be paid by the defendant.
1. The decision of the court below on the gist of the grounds of appeal (three million won of fine) is unreasonable as it is excessively unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment with prison labor on November 29, 2018 for the crime of bodily injury in order to be sentenced to imprisonment with prison labor on July 10, 2019 (Ui Government District Court Decision 2018No3661 and Supreme Court Decision 2019Do4947). Since the crime in the judgment of the court below is in a concurrent relationship with the above injury crime for which judgment has become final and conclusive under Article 37 of the Criminal Act, the punishment shall be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. In this regard, the judgment of the court below may no longer be maintained.
3. According to the conclusion, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, which omitted the judgment on the defendant's assertion of unfair sentencing, on the ground of ex officio reversal, and the following decision is again rendered
[C] The summary of the facts of the crime and the evidence admitted by the court below and the summary of the facts of the crime are all the facts of the crime in the judgment of the court below. "The defendant is a person who was sentenced to eight months for the crime of injury on November 29, 2018, the defendant was sentenced to imprisonment on July 10, 2019, and the above judgment became final and conclusive on July 10, 2019." The summary of the evidence added "1. The facts of the previous offense in the judgment of the court: criminal records, etc. (A) and the report on the results of the non-disposition and the results of the non-disposition" to the end of the judgment of the court below, and it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as is in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 2 (2) 2 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 276 (1) of the Criminal Act, Article 366 of the Criminal Act (the point of joint confinement, the selection of fines), and Article 36 of the Criminal Act (the point of causing damage to property and the selection of fines);
1. The latter part of Article 37 of the Criminal Act and Article 39(1) of the same Act concerning concurrent crimes;