Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. On November 27, 2017, according to the records, the defendant was sentenced to imprisonment for two years and six months with labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 27, 2017, and the judgment became final and conclusive on July 13, 2018. As above, in relation to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the judgment became final and conclusive as above and the crime of this case are concurrent crimes under Article 37 of the Criminal Act, and the punishment of this case is determined after considering the case to be judged simultaneously and equity and considering the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained (the summary of the grounds for appeal by the defendant should be extended to the period after the release of the defendant, but this cannot be deemed legitimate grounds for appeal).
2. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows.
【The grounds for the judgment that was used again] The summary of facts constituting a crime and evidence recognized by the court are the facts constituting a crime and the summary of evidence as stated in the judgment of the court below, and “criminal facts” as stated in the judgment of the court below was sentenced to two years and six months by imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Jung-gu District Court on November 27, 2017, and the judgment became final and conclusive on July
Along with the addition of “1. Previous conviction” in the “a summary of evidence” column, “the details of the case search and the text of the judgment of the Supreme Court,” it is identical to each corresponding column of the judgment of the court below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 329 of the Criminal Act applicable to the facts constituting an offense and Article 329 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The Defendant, with the reason for sentencing of Article 334(1) of the Criminal Procedure Act, shall be sentenced to seven times only to the same kind of crime.