사기등
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.
The summary of the grounds for appeal by the defendant is unreasonable because the punishment sentenced by the court below is too unreasonable in light of the circumstances such as the fact that the defendant is against himself, the fact that the defendant committed the crime in this case by contingency under the influence of alcohol, and the economic situation is difficult.
Before the judgment on the grounds for appeal by the Defendant’s appeal, according to the Defendant’s oral statement at the court below’s discretion, the Defendant was sentenced to imprisonment of 10 months with labor for interference with business at the Seoul Eastern District Court on July 9, 2015 and imprisonment of 2 years with labor for suspension of execution, etc. on July 17, 2015, and the judgment became final and conclusive on July 17, 2015. The crime of interference with business, etc. against which each of the crimes and the judgment in the judgment of the court below against the Defendant became final and conclusive on July 17, 2015, in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, shall be sentenced
Therefore, the court below's decision is reversed in accordance with Article 364 (2) and (6) of the Criminal Procedure Act as the grounds for ex officio reversal, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence against the defendant is as follows: "The defendant is sentenced to imprisonment with labor for 10 months or more with labor for the crime of interference with business at the Seoul Eastern District Court on July 9, 2015 and two years of suspended execution, and the judgment becomes final and conclusive on July 17, 2015," in the first head of the crime, and except for adding "the legal statement of the defendant at the trial of the defendant" to the summary of the evidence as stated in the corresponding column of the judgment of the court below, and therefore, it is cited as it is in accordance with Article 369
Application of Statutes
1. Relevant provisions of the Criminal Act, Articles 347 (1) and 257 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of fines;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. The former part of Article 37 of the Criminal Code among concurrent crimes.