출입국관리법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. In light of the fact that the defendant is against the gist of the grounds for appeal, the punishment imposed by the court below (7 million won of a fine) is too unreasonable.
2. According to the ex officio determination records, the Defendant, at the Daegu District Court on August 30, 2013, may be found to have been sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and on September 7, 2013.
Since each of the instant offenses committed by the Defendant is in the relationship between the crime subject to the above final judgment and the latter concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment should be determined after considering equity and mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act.
In this respect, the judgment of the court below cannot be maintained.
3. Accordingly, the court below's decision is reversed under Article 364 (2) and (6) of the Criminal Procedure Act without having to make a decision on the defendant's assertion of unfair 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. The first part of the judgment of the court below is to add "the defendant was sentenced to one year and nine months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence), etc. on August 30, 2013, and the judgment became final and conclusive on September 7, 2013" to the main part of the evidence, except for adding "1. A previous offense: A copy of the judgment: A copy of the investigation report (fence of the judgment)" as stated in the corresponding column of the judgment of the court below, and thus, it is to be cited
Application of Statutes
1. Article 94 subparagraph 9 of the Immigration Control Act, Article 18 (3) of the same Act, Article 77 subparagraph 18 of the Sewerage Act, and Article 52 (3) of the same Act, the selection of fines, and the selection of fines, respectively, concerning facts constituting an offense;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;