beta
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 summary of the grounds for appeal (e.g., a fine of five million won) imposed by the court below is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the first head of the charge against the defendant was examined by the prosecutor, and the prosecutor applied for changes in the indictment to add "Article 39 of the Criminal Act" to the applicable provisions of the Act on the Control of Narcotics, etc. on April 28, 2016. The first head of the charge against the defendant was sentenced to imprisonment on April 28, 2016, and the defendant appealed for a violation of the Act on the Control of Narcotics, etc. and is still pending in the appellate trial at the Jung-gu District Court." "The defendant was sentenced to imprisonment with prison labor on April 28, 2016 and applied for changes in the applicable provisions of the Act on September 2, 2016. The judgment of the court below should no longer be upheld since it should be sentenced in consideration of equity with the crime of violation of the Act on the Control of Narcotics, etc. at the same time when the judgment was finalized."
3. In conclusion, 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 the judgment below is reversed, and the following is again decided through pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows. The first head of the judgment of the court below added "the defendant was sentenced to one and a half years of imprisonment on April 28, 2016 for the violation of the Act on the Control of Narcotics, etc. (fence) at the Goyang Branch Branch of the Jung-gu District District Court, which became final and conclusive on September 2, 2016," and "the last day on September 2, 2016" to "the previous records: the printed out of the Konet case search and the written decision" to the first head of the judgment of the court below, respectively.