A defendant shall be punished by imprisonment for a term of two years and a fine of three thousand won or more.

When the defendant does not pay the above fine.

According to the main sentence of Article 420 of the Criminal Procedure Act, a retrial can be filed for the benefit of a person who has been sentenced to a final judgment of conviction. Thus, the judgment dismissing a final and conclusive public prosecution cannot be viewed as a case where a final and conclusive judgment of conviction exists, which is the premise of the retrial procedure under the Criminal Procedure Act. Therefore, it cannot be

However, in cases where the decision of commencing a new trial is subject to a judgment, etc. of dismissing a public prosecution which cannot be commenced at the beginning, a court which proceeds from a new trial according to the decision of commencing a new trial cannot hold any trial due to the lack of the object of a trial

(2) In light of the above legal principles, the lower court’s decision to commence a new trial on the part of the judgment subject to a new trial, including the dismissal of prosecution as to indecent act by force, which could not commence a new trial at the beginning among the judgment subject to a new trial, became final and conclusive. However, in light of the above legal principles, the part concerning indecent act by force, for which dismissal of prosecution has become final and conclusive among the judgment subject to new trial, cannot be said to be the subject of the judgment by this Court.

Punishment of the crime

[criminal power] On October 14, 2003, the Defendant was sentenced to 8 months of imprisonment with prison labor for larceny, etc. at the Daejeon District Court, and on July 8, 2005, the same court was sentenced to 10 months of imprisonment with prison labor for larceny, etc. on January 16, 2008. On February 9, 2011, the Daejeon District Court sentenced the Defendant to 6 months of imprisonment with prison labor for larceny, etc. and completed the execution of the sentence at the Daejeon District Court on June 14, 201.

[2013 Man-Ma1758] On May 5, 2013, the Defendant received a notification of the disturbance from the packaging horse of “D” in the Daejeon Dong-gu Daejeon-gu, Daejeon as a violation of the Punishment of Minor Offenses Act. In the process of avoiding disturbance, the Defendant lost his cell phone during the process of avoiding disturbance, and was dissatisfied with this.

1. On May 6, 2013, the Defendant was the victim G at the 305 room of the F Hospital in Daejeon Dong-gu, Daejeon around 18:00 on May 6, 2013.