Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.
2. Prior to the determination on the grounds for appeal by the Defendant’s ex officio, the records show that the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Northern District Court on November 15, 2012, and the judgment became final and conclusive on January 7, 2013, and on May 24, 2013, by being sentenced four months to imprisonment for fraud, etc. at the Seoul Northern District Court on April 3, 2013. As such, each of the crimes of this case, such as fraud, etc., for which the judgment becomes final and conclusive, and each of the crimes of this case, are related to the concurrent crimes under the latter part of Article 37 of the Criminal Act, and after considering the equity and the mitigation or exemption of the sentence, the judgment of the lower court, which did not consider and review thereof, cannot be upheld further.
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, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as stated in the judgment of the court below, with the exception that "the defendant was sentenced to eight months of imprisonment for a crime, etc. at the Seoul Northern District Court on November 15, 2012, and the judgment became final and conclusive on January 7, 2013, and on April 3, 2013, the Seoul Northern District Court sentenced four months of imprisonment for a crime, etc. at the Seoul Northern District Court on April 24, 2013, and the judgment became final and conclusive on May 24, 2013," as stated in each corresponding column of the judgment of the court below, and therefore, it is cited as it is in accordance with
Application of Statutes
1. Article 231 of the Criminal Act, Article 234 and Article 231 of the Criminal Act, Article 234 of the Criminal Act, Article 347 of the Criminal Act, Article 347 of the Criminal Act, which applies to the relevant criminal facts.