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The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 2,000,000.
The defendant above.
Reasons
1. The summary of the grounds for appeal is unreasonable by the lower court’s sentence (two million won of a fine).
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant made a statement to the effect that "the defendant wants to read Korean language and to participate in the interpreter" at the police, and accordingly, the interpreter was present at the court below (Evidence No. 76 pages), the defendant made a statement to the effect that the defendant was tried without an interpreter at the court below, and the defendant made a statement to the effect that the defendant was able to make Korean language in the trial court, and that Co-defendant B made a statement at the court below that the defendant interpreted the defendant who is a single copy, the defendant constitutes "a person who is not in the Korean language" under Article 180 of the Criminal Procedure Act, and thus, the defendant constitutes "a person who is not in the Korean language" under Article 180 of the Criminal Procedure Act.
3. As such, the part of the judgment of the court below against the defendant is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the above part of the judgment of the court below is again decided as follows after pleading.
[Dao-written judgment] Criminal facts and summary of evidence against the defendant are identical to each corresponding column of the judgment of the court below, except where "each of the defendants' statements in court" in the summary of evidence of the judgment of the court below is deemed as "court statements in the defendant's trial." Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(1)3 of the Criminal Act; Article 257(1) of the Criminal Act; the selection of fines
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has no record of criminal punishment in the Republic of Korea.