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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 20,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. Error of facts (the part in the annexed sheet No. 20 No. 20 in the original judgment) was staying in a foreign country from October 12 to October 18, 2014, and there is no record of committing a crime of medication on October 14, 2014 in the annexed list of crimes in the facts charged, and the judgment of the court below that convicted the Defendant of this part of the facts charged on the basis of the Defendant’s false confession, etc. is erroneous and adversely affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (F.C. 6 months of imprisonment, surcharge 1,574,000 won) is excessively unreasonable.
2. Judgment on the assertion of mistake of facts
A. The withdrawal of the indictment by the method of an application for changes in indictment can be limited to some charges within the extent that the identity of the indictment is recognized. Thus, in cases where several charges stated in the indictment are not identical, and there are substantive concurrent relationships with each other, the withdrawal of a part of the indictment must not be based on the method of a modification in indictment (see Supreme Court Decision 91Do1438, Apr. 24, 1992). Meanwhile, the revocation of indictment can be made until the judgment of the court of first instance is sentenced.
(Article 255 of the Criminal Procedure Act). According to the records, the prosecutor made an oral application for changes in the indictment to the effect that the part concerning the medication of narcotics, etc. as of October 14, 2014, listed in No. 20, out of the facts charged in the instant case on the date of the first trial in accordance with the Defendant’s assertion of misunderstanding of facts, among the facts charged in the instant case, was withdrawn,
However, it is difficult to conclude that the administration of narcotics, etc., which was the period of the instant facts charged, is a single and continuous crime, and there is a substantive concurrent relationship. As such, an application for modification of indictment to the effect that some of the facts charged is withdrawn.