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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. According to the evidence duly adopted and examined by the court below and the court below on February 14, 2013, prior to the judgment on the grounds for appeal ex officio, it can be recognized that the defendant was sentenced to imprisonment of one year and six months with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence), and that the above judgment became final and conclusive on August 26, 2013. Since each of the of the crimes of this case is determined after examining whether to reduce or exempt punishment in consideration of equity and cases of the above violation of the Act on the Control of Narcotics, etc. (fence) and equity, the judgment of the court below which did not take such measures can no longer be maintained in this respect.
3. If so, the court below's decision 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 evidence related to the facts charged in the original judgment is as stated in the corresponding column of the original judgment except for adding "the defendant was sentenced to imprisonment on February 14, 2013 by the Jung-gu District Court for the violation of the Act on the Control of Narcotics, Etc., and the above judgment became final and conclusive on August 26, 2013," and "1............................................................, the investigation report (Attachment of the case), three copies of the judgment (Korean Government District Court Decision 2012No3064, May 78, 2013; Supreme Court Decision 2013Do8685), and "conet search (final date)..............
Application of Statutes
1. Measures not to be taken after accidents under Article 148 and Article 54(1) of the Road Traffic Act, which relate to the relevant criminal facts and to the choice of punishment; and