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All the judgment below is reversed.
A defendant shall be punished by imprisonment for one year.
Of the facts charged of the first instance judgment.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (the first judgment: imprisonment with prison labor for a period of one year and the second judgment: a fine of one million won) is too unreasonable in light of the fact that the defendant's mistake is divided and reflected, etc.
B. In light of the fact that the nature of the defendant's crime is not good, the punishment (one million won of a fine) imposed on the defendant by the second instance court is too uneasible and unfair.
2. We examine ex officio the following matters prior to the ex officio determination and judgment on the grounds for appeal by the prosecutor and the defendant.
A. Of the facts charged in the judgment of the court of first instance, the statutory penalty for a violation of the Resident Registration Act, among the facts charged in the judgment of the court of first instance (limited to a violation of the Resident Registration Act among the facts charged in the judgment of the court of first instance), is a fine not exceeding three years pursuant to the main sentence of Article 37 subparag. 10 of the Resident Registration Act, or a fine not exceeding ten million won. As such, the statute of limitations under Article 249(
However, the instant indictment was clearly filed on January 7, 2014, when five years have elapsed since the completion of the said criminal act, and this part of the facts charged became final and conclusive by the statute of limitations.
Nevertheless, the first instance court convicted all of the charges. In so doing, the first instance court erred by misapprehending the legal principles on the statute of limitations, which affected the conclusion of the judgment.
B. The first and second court sentenced the defendant to imprisonment with prison labor for the former one year, and for the latter one, a fine of one million won, respectively, for the latter one, respectively.
The defendant filed an appeal against each of the above judgments and the prosecutor filed an appeal against the second judgment.
The court of the first instance will concurrently examine the above two appeals cases.