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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The gist of the grounds for appeal is that of the lower court’s punishment of KRW 1.5 million (a fine of KRW 1.5 million) is too unreasonable.
2. The judgment of the defendant has been sentenced to a total of several times, and as the defendant has been sentenced to a punishment in the form of a random, it is necessary to give a severe warning to the defendant, since he/she was again in the period of suspension of execution.
However, the extent of damage is not so big, the result of ex officio investigation by the court below, the defendant was sentenced to six months of imprisonment from the Busan District Court on November 12, 2013 due to fraud, etc., and the above judgment was finalized on February 4, 2014. The first instance court held that the case was 2013Da2468, 3536, and 4401 (merger), and the appellate court held that the case was 2013No3866. The crime of this case is in the concurrent relationship between the crime of this case for which the judgment became final and conclusive and the latter part of Article 37 of the Criminal Act, and it is necessary to determine punishment after examining whether to reduce or exempt punishment in consideration of equity and the case of the latter part of Article 39(1) of the Criminal Act. Above all, the court below's punishment seems to have been determined by taking into account the previous conditions, such as the defendant's appearance that the defendant suffers from dementia by attending in depth life on the last day when the defendant was separately admitted.
3. In conclusion, the defendant's appeal is reasonable, and the decision of the original court is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.
Criminal facts
The summary of the facts of the crime and the evidence admitted by this court is as follows. The defendant in the criminal charge column of the judgment of the court below included "the defendant is sentenced to six months of imprisonment due to fraud, etc. at the Busan District Court on Nov. 12, 2013, and the above judgment is finalized on Feb. 4, 2014," and the "each copy of the judgment" duly adopted and investigated in the trial before the above final judgment is added as evidence.