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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable by the lower court’s penalty of KRW 1.5 million (a fine of KRW 1.5 million)
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, each of the crimes of this case is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished within the scope of the term of punishment for aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act. However, as long as the court below did not add aggravated concurrent crimes and determined the punishment for aggravated punishment, the judgment of the court below cannot escape from reversal.
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 it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 246 (1) of the Criminal Act concerning the selection of punishment;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that the defendant committed the crime of this case while committing the crime of this case and the fact that the defendant seems to have violated his wrongness; (b) the court below seems to have taken such favorable circumstances into account in the sentencing; (c) there is no change in circumstances that could reduce the amount of fine in the trial; (d) even though long, the defendant had long been punished for the same kind of crime; (e) the amount of money, the circumstances leading up to the defendant's participation in gambling, the age of the defendant, character and conduct, the circumstances after the crime, etc., and all the conditions for sentencing shown in the records and arguments of this case.