향토예비군설치법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.
2. According to each of the records of this case’s search and judgment ex officio determination, the Defendant was sentenced to ten months of imprisonment with prison labor on August 30, 2016 by this court due to insult, etc. on August 30, 2016 and the above judgment became final and conclusive on January 20, 2017. Since the criminal facts of this case were in the concurrent relationship with the offense of insult, etc. for which punishment became final and conclusive as above after the judgment of the court below was rendered under Article 37 of the Criminal Act, since the criminal facts of this case were in the concurrent relationship with the offense of insult, etc. after Article 39(1) of the Criminal Act, the sentence against the crime of this case shall be determined by taking into account the case of concurrent judgment and equity under Article 39(1) of the Criminal Act, and in this respect,
3. Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and the following is again decided after pleading.
【The grounds for the judgment in Seoul Eastern District Court sentenced the Defendant to ten months of imprisonment due to insult, etc. on August 30, 2016, and the judgment on January 20, 2017 became final and conclusive on January 20, 2017.
“A previous conviction in the judgment of the court below in the summary of the evidence” is the same as the corresponding column of the judgment of the court below, except for the addition of “1. Before the judgment: The search and judgment of the case (Seoul Eastern District Court 2016 High Court Order 702)” to the main text of the evidence, and it is cited as it is in accordance with Article 369
Application of Statutes
1. Article 15(9)1 and Article 6(1) of the Act on the Establishment of Local Reserve Forces (amended by Act No. 14184, May 29, 2016; hereinafter “Reserve Military Act”) applicable to facts constituting an offense and the former Local Reserve Forces Establishment Act (amended by Act No. 14184, May 29, 201);
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 37 of the Aggravation of Concurrent Crimes Act.