사기
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is unreasonable because the penalty of 1.5 million won imposed by the court below on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the records show that the defendant was sentenced on February 13, 2014 by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 13, 2014, and the above judgment became final and conclusive on October 6, 2014. The crime in the judgment of the court below is a concurrent crime with the above crime for which the judgment of the court below became final and conclusive in accordance with Article 39(1) of the Criminal Act in relation to the latter part of Article 37 of the Criminal Act. Since the crime in the judgment of the court below and the above crime for which the judgment of the court below became final and conclusive in accordance with Article 39(1) of the Criminal Act,
3. Thus, the court below's decision is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's argument, and it is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: “The defendant was sentenced on February 13, 2014 to a violation of the Act on the Control of Narcotics, Etc. (fence) at the Busan District Court on February 13, 2014, and the judgment became final and conclusive on October 6, 2014.” The summary of the evidence added “1............: Conet search output and each written judgment” to the summary of the evidence, and thus, it is identical to each corresponding column of the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The Defendant committed the instant crime with the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act for attracting the workhouse.