성폭력범죄의처벌등에관한특례법위반(비밀준수등)
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 300,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) of the lower court is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to one year of imprisonment for special larceny at the Seoul Southern District Court on May 8, 2019 and the judgment became final and conclusive on October 21, 2019.
Thus, since the crime of the judgment below and the above crime against the defendant for which the judgment of the court below became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the equality in the case of concurrent crimes under Article 39(1) of the Criminal Act shall be considered and the sentence shall be determined after examining whether mitigation of punishment is exempted. The judgment of the court below cannot be maintained as it is, since the sentence was determined without
3. If so, the judgment of the court below is based on the above reasons for reversal of authority. Thus, without examining the defendant's assertion of unfair sentencing, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
[Grounds for the judgment of the court below] The summary of facts constituting a crime and evidence admitted by this court is added to "the defendant was sentenced to one year of imprisonment with prison labor for special larceny at the Seoul Southern District Court on May 8, 2019 and the judgment became final and conclusive on October 21, 2019" in the first head of the crime of the court below, and except for addition of "1................" at the end of the evidence, it is identical to the description corresponding to each corresponding column of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 50 (3) 2 and Article 43 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Specific Crimes concerning the crimes;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 of the Criminal Procedure Act provides for an order of provisional payment.