형의집행및수용자의처우에관한법률위반
1. The judgment below is reversed.
2. The defendant shall be punished by a fine of one million won.
3. The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the record reveals that the Defendant was sentenced on February 7, 2014 by imprisonment with prison labor and two months for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on March 24, 2014, and the judgment became final and conclusive on March 24, 2014. As such, the crime of violation of the Act on the Control of Narcotics, etc. (fence) and the instant crime of violation in the latter part of Article 37 of the Criminal Act are in concurrent crimes under the latter part of Article 39(1) of the Criminal Act, and the sentence is determined after considering the case at the same time and equity and considering the mitigation of or exemption from the sentence. Thus, the lower court, which
3. Therefore, 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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by this court is as follows: the first head of the judgment of the court below, except for adding "the defendant was sentenced by the Changwon District Court on February 7, 2014 to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and on March 24, 2014, and the judgment became final and conclusive on March 24, 2014," and therefore, it is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with
Application of Statutes
1. Relevant provisions of the Acts and Article 132 (1) 1 of the Act on the elective Execution of Punishment and Treatment of Prisoners concerning criminal facts;
1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;
1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order recognize the crime of this case and misleads the defendant.