예비군법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The sentence of the lower court (a fine of KRW 700,000) against the Defendant in the summary of the grounds for appeal is too unreasonable.
2. On April 23, 2019, the judgment was rendered on May 1, 2019 by the Seoul Central District Court for a defendant who was sentenced to eight months of imprisonment for a crime of violating the Electronic Financial Transactions Act. On August 9, 2019, the judgment was rendered on August 17, 2019 and was sentenced to one month of imprisonment for a crime of aiding and abetting, etc. by the Jeju District Court for fraud, etc. and became final and conclusive on August 17, 2019 by the lower court’s duly adopted and investigated evidence or significant to this
Therefore, the crime of the judgment of the court below and the crime of aiding and abetting fraud, which became final and conclusive, are all concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for the crime of aiding and abetting fraud should be imposed at the same time in consideration of equity with the case where the judgment is to be rendered at the same time in accordance with the main sentence of Article 39(1) of the Criminal Act
3. Thus, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's above assertion of unfair sentencing, and it is again decided as follows after oral argument.
【The reasoning of the judgment of the court below in light of the facts constituting the crime and the summary of the evidence admitted by the court below, and the summary of the evidence as to the facts constituting the crime of the court below, the defendant was sentenced to eight months of imprisonment for the violation of the Electronic Financial Transactions Act at the Seoul Central District Court on April 23, 2019 and the judgment became final and conclusive on May 1, 2019. On August 9, 2019, the Jeju District Court sentenced one month of imprisonment for the crime of aiding and abetting, etc. at the Jeju District Court on August 17, 2019, and the judgment became final and conclusive on August 17, 2019.” The judgment of the court below added "1. of the summary of the evidence of the court below's judgment," and therefore, it is identical to the corresponding column of the court below's judgment in addition to adding "1."
Application of Statutes
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