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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in this case were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
In a case where a fine is imposed as one of the concurrent crimes under the former part of Article 377 of the Criminal Act as a result of a joint hearing of a case where a defendant requests formal trial against a summary order and another case where a public prosecution is instituted, even if a fine is imposed more severe than that prescribed by the summary order, it does not violate the principle of prohibition of disadvantageous alteration by setting forth in Article 457-2 of the Criminal Procedure Act (see, e.g., Supreme Court Decision 2003Do4732, Aug. 20, 2004). Examining the reasoning of the judgment of the court below and the first instance judgment in light of the above legal principles and records, there is no violation of the principle of prohibition of disadvantageous alteration as alleged in the grounds of appeal.
Meanwhile, the court below's assertion that there was an error of law by misunderstanding the legal principles as to the number of crimes committed in violation of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., or that punishment of a violation after ordering the matters to be observed during the period of attachment pursuant to the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc. constitutes double punishment, and that it constitutes a violation of human dignity and value, etc., shall not be a legitimate ground for appeal, as it is alleged by the defendant as the ground for appeal or by the court below's decision without being subject
In addition, according to Article 383 (4) of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years.