Where the explanation of a fine sentenced in concurrent with imprisonment with prison labor is omitted for the reasons

If there is no explanation about the specific fine in the reasoning of the judgment, it is the case where there is contradiction in the reasoning of the judgment.

Article 361-5 of the Criminal Procedure Act

Defendant

Defendant

Busan District Court (75 High Court Decision 781,850,871)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a short term of three years, for a maximum of four years, and for a fine of thirty thousand won.

One hundred forty-five days of detention prior to the declaration of the original judgment shall be included in the above imprisonment.

The gist of the defendant's grounds for appeal is too unreasonable in light of the defendant's age, family environment, etc., so the court below's judgment is first examined ex officio. The court below is sentenced to the defendant's imprisonment with prison labor for a short term of five years, a long term of seven years and a fine of 30,000 won, and the defendant's imprisonment with prison labor for a short term of five years, a long term of seven years and a long term of seven years is sentenced to a fine in its reasoning, and the defendant's judgment cannot be reversed. Thus, the court below's decision on the grounds for appeal is omitted, and the judgment below is reversed and it is again decided as follows.

Criminal facts and summary of evidence admitted by a member of the court below are the same as that of the court below, and they are cited as they are.

Article 77 subparag. 3 and Article 38 of the Road Traffic Act as to non-licensed driving in the judgment of the defendant. Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes. Article 5-3(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes is about violation of the Act, Article 268 of the Criminal Act, Article 45(1) of the Road Traffic Act and Article 332, Article 331(2) and Article 331(1) of the Criminal Act as a whole about the habitual special larceny and habitual night larceny shall be subject to a fine as prescribed in Article 32, Article 331(2) and (1) of the Criminal Act. Article 37 of the Act on the Aggravated Punishment, etc. of Specific Crimes provides that a fine as prescribed in the former part of Article 37 of the Criminal Act shall be imposed in the prescribed penalty, and Article 38(1)2, (2) and Article 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes shall be imposed in the last sentence and Article 38 of the Juvenile Act.

It is so decided as per Disposition.

Judges fixed right (Presiding Judge) Kim Jong-chul Kim Hun