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The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal (four months of imprisonment) by the lower court is too unreasonable.
2. The judgment of the defendant was sentenced to a suspended sentence of 1 year to 6 months of imprisonment with prison labor for the crime of injury in 2013, 4 months of imprisonment with prison labor for the crime of interference with business in 209, 2008, 2 years of suspended sentence to 6 months of imprisonment with prison labor for the crime of interference with business in 2008, and 1 year of suspended sentence to 2 years of imprisonment for the crime of violation of the Punishment of Violences, etc. Act in 201, and 30 times of imprisonment with prison labor for the crime of violence in 201, and 2 years of suspended sentence to 30 times of imprisonment with prison labor for other crimes of the same kind. The defendant's assertion is reasonable in light of the favorable circumstances and the defendant's age, character and environment, the circumstances of the crime of this case, and the circumstances after the crime.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the gist of the evidence admitted by the court is as follows, except where the “1. Defendant’s legal statement” in the summary of the evidence is deemed as “1. Defendant’s legal statement at the original trial,” and thus, it is identical to each corresponding column of the original judgment. As such, it is cited as it is in accordance with Article
Application of Statutes
1. Relevant Article 260 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;