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(영문) 인천지방법원 2019.01.10 2018노3268
경범죄처벌법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 600,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 600,00) imposed by the court below on the defendant is too uneased and unreasonable.

2. We examine ex officio prior to the judgment on the Defendant’s assertion of unfair sentencing.

According to the records, on August 16, 2018, the defendant was sentenced to six months of imprisonment with prison labor for assault in the Incheon District Court Branch Branch of the Incheon District Court on August 25, 2018, and the defendant's appeal was dismissed on October 25, 2018, and the above judgment became final and conclusive on November 2, 2018.

Therefore, since the crime of this case, which was committed prior to the day when the judgment of the court below became final and conclusive, and the crime of the previous conviction of this case which became final and conclusive, are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after considering equity and the mitigation or exemption of punishment pursuant to Article 39(1) of the Criminal

(See Supreme Court Decision 2008Do209 Decided October 23, 2008). After the pronouncement of the judgment below, the judgment with respect to concurrent crimes under the latter part of Article 37 of the Criminal Act and the crime of this case became final and conclusive. For this reason, the court below considered equity and equity with respect to the crime of this case which became final and conclusive under Article 39(1) of the Criminal Act, and did not determine punishment for the crime of this case after examining whether to reduce or exempt the sentence. As such, the judgment of the court below was no longer maintained.

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court 】 Facts constituting a crime and summary of evidence recognized by the court - summary of facts constituting a crime and summary of evidence - Defendant 'as criminal records in all of the facts constituting a crime of the judgment of the court below - Defendant ' as criminal records.

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