모욕
The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal is too unreasonable that the penalty (two million won of a fine) imposed by the court below against the defendant is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.
Where concurrent crimes prescribed by the latter part of Article 37 of the Criminal Act before a judgment of the first instance was rendered after the judgment of the appellate court was rendered and a final and conclusive judgment to sentence punishment was rendered pursuant to Article 39(1) of the Criminal Act, the appellate court shall ex officio reverse the judgment of the first instance and
(See Supreme Court Decision 2010Do15253 Decided January 13, 2011, etc.). According to records, the Defendant was sentenced to one year by the Incheon District Court on May 21, 2015 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the said judgment became final and conclusive on June 12, 2015. Thus, the crime for which the said judgment became final and the instant crime are concurrent crimes under the latter part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained in this respect, since the punishment is to be determined in consideration of equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act by reversal ex officio.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows through pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to one year by imprisonment with prison labor at the Incheon District Court on May 21, 2015, and the judgment became final and conclusive on June 12, 2015," and "1. Criminal records as stated in the judgment of the court: the defendant's current trial statement, the copy of the judgment, and the result of the case search" are as stated in each corresponding column of the judgment of the court.