절도
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 (unfair sentencing) of the lower court’s punishment (one million won in penalty) against the Defendant is too unreasonable.
2. Prior to the judgment on the grounds for appeal, the Defendant was sentenced to imprisonment for three years for a violation of the Narcotics Control Act at the Seoul Western District Court on May 16, 2018, and the said judgment became final and conclusive on October 31, 2018.
Since the crime of the judgment of the court below and the crime of the above violation of the Act on the Control of Narcotics (mariana) committed against the defendant, for which the judgment of the court below became final and conclusive, are concurrent crimes of the latter part of Article 37 of the Criminal Act, punishment for the crime of the court below should be imposed in consideration of equity with the case where the judgment is rendered at the same time
Therefore, the judgment of the court below cannot be maintained as it is.
3. In conclusion, the judgment of the court below is reversed ex officio and it is again decided as follows without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed ex officio pursuant to Article 364 (2) of the Criminal Procedure Act.
[Majority Opinion] The summary of the facts constituting a crime and evidence admitted by this Court is to add “the Defendant was sentenced to three years, etc. to a violation of the Narcotics Control Act (mariju) at the Seoul Western District Court on May 16, 2018, and the said judgment became final and conclusive on October 31, 2018” to the first head of the criminal history of the original judgment and the summary of the evidence, and “the summary of the evidence” 1. The Defendant’s appellate court statement at the trial court on October 31, 2018;
1. A copy of the judgment of the court below, other than adding B, is the same as each corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 329 of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines;
1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The order of provisional payment;