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Defendant
A Defendant A shall be punished by a fine of KRW 10,000,000.
Defendant
A fails to pay the above fine.
Reasons
Punishment of the crime
[Criminal Justice] We examine whether a final and conclusive judgment against Defendant A, as stated in the instant indictment, is in the relationship between the instant crime and the latter part of Article 37 of the Criminal Act.
In light of the evidence duly adopted and examined by this court, Defendant A was sentenced to 8 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint confinement) at the Jeonju District Court on February 17, 2017, and the judgment became final and conclusive on February 25, 2017 (hereinafter “(i)”); on August 30, 2017, the same court was sentenced to 8 months of imprisonment with prison labor for a violation of the Electronic Financial Transactions Act; on September 7, 2017, sentenced to 2 years of suspended sentence (hereinafter “B judgment”); on September 21, 2018, the final judgment became final and conclusive (hereinafter “instant judgment”); on September 21, 2018, the same court was sentenced to 1 year and 6 months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (Composition and activities of organizations, etc.); and on September 29, 2018 (hereinafter “the foregoing judgment becomes final and conclusive”).
However, the date and time of the instant crime is not a crime committed on December 8, 2018; (1), (2), and (3) it is not a crime committed before the judgment becomes final and conclusive; and (4) it is earlier than September 29, 2018, which is the date and time of each crime established by judgment; and therefore, the instant crime and each crime established by judgment were not likely to be sentenced to one sentence at the time of concurrent indictment. Thus, it does not constitute a latter concurrent crime under Article 37 of the Criminal Act.
(see, e.g., Supreme Court Decision 2009Do9948, Oct. 27, 2011). Defendant B was sentenced by the Jeonju District Court on August 29, 2019 to three months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint intimidation by organizations, etc.) at the Jeonju District Court on August 29, 201 and the Jeonju District Court on August 29, 201 with respect to Defendant B.