beta
Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year and a fine of 5,00,000 won.
Reasons
1. The sentence of the lower court (a year of imprisonment, a fine of five million won, confiscation) against the Defendant on the summary of the grounds for appeal is too unreasonable.
2. ex officio determination of the court below: (a) The instant crime is a crime falling under Article 5 subparag. 3 of the Act on Special Measures for the Control of Public Health Crimes; (b) Article 27 subparag. 1 of the Medical Service Act; (c) the statutory penalty is to be imposed concurrently with imprisonment with labor for life or for not less than two years, and a fine of not less than ten million won; (d) barring any special provision, in a case where both imprisonment and a fine are to be imposed concurrently, the amount to be reduced is to be reduced only by imprisonment with labor; and (e) the same is applicable to a case where a fine is to be imposed while concurrently with imprisonment with labor and a fine, stating the provision for reduction of amount to be imposed only for imprisonment and the provision for reduction of amount to be imposed within the scope where the amount of fine is omitted with respect to a fine (Supreme Court Decision 96Do3466, Aug. 26, 1997). In such a case, the court below sentenced the Defendant to reduction of amount to be reduced within 00 years without reduction and exemption.
3. Therefore, the judgment of the court below is reversed in accordance with Articles 364 (2) and 364 (6) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed, and it is again decided as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is identical to the corresponding column of the part against the defendant among the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;