beta
Text
All judgment of the court below is reversed.
As to the crime of the first instance judgment, the defendant is punished by a fine of 1,00,000, and 2.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (the first instance court: the fine of one million won, the second instance court: the fine of two million won) is too unreasonable.
2. According to the records of ex officio determination, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on November 7, 2012, and the judgment became final and conclusive on April 11, 2013, and on January 8, 2014, the judgment became final and conclusive on June 12, 2014 after having been sentenced to one year of imprisonment for fraud, etc. at the Suwon District Court on January 8, 2014. Thus, the judgment of the court below that held in the first instance on July 12, 2012 by the date of the crime was final and conclusive on April 11, 2013, and that the date of the crime was related to concurrent crimes under the latter part of Article 37 of the Criminal Act with the date of the crime, which is June 20, 2013, the judgment of the court below should no longer be mitigated or exempted from punishment, and thus, the decision of the court below is no more than 211.
3. Accordingly, the court below's judgment of the court below Nos. 1 and 2 is reversed without examining the defendant's assertion of unfair sentencing, and it is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is as follows: "The defendant was sentenced to eight months of imprisonment for a crime at the Seoul Eastern District Court on November 7, 2012, and the judgment became final and conclusive on April 11, 2013" in all of the facts constituting a crime of the judgment of the court of first instance; "the defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court on January 8, 2014 and the judgment became final and conclusive on June 12, 2014" in all of the facts constituting a crime of the judgment of the court of second instance; and "1. A previous conviction in the end of each of the summary of the evidences" in 1.