Text
The judgment below
The part against the defendant shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The defendant above.
Reasons
1. The summary of the grounds for appeal that the court below rendered by the defendant (hereinafter referred to as "fines 7,000,000") is too unhued and unreasonable.
2. Before determining the ex officio decision of the prosecutor’s assertion of unfair sentencing, the Defendant was sentenced to eight months of imprisonment for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court on November 22, 2012, and the judgment became final and conclusive on April 25, 2013, which was after the decision of the lower court was rendered. As such, the crime for which the judgment became final and conclusive is in the relation of concurrent crimes between the instant crime and the latter part of Article 37 of the Criminal Act, and determines a sentence after examining whether to grant reduction or exemption of punishment pursuant to Article 39(1) of the Criminal Act. As such, the lower court, where such measure was not taken, has no longer maintained.
3. In conclusion, the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the ground for ex officio reversal as seen above, and the judgment below is ruled as follows.
Punishment of the crime
[Criminal Power] On November 22, 2012, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Incheon District Court, and the judgment became final and conclusive on April 25, 2013.
【Criminal Facts】
The Defendant was a person who operated a heart center in a trade name office called “H” on the second floor of Seo-gu Incheon, Seo-gu, Incheon, and was a person working as an employee of the above office.
No one shall collect, use, or provide location information on an individual or mobile object without the consent of the individual or the owner of the mobile object.
The Defendant and B, and C, at around July 20, 2012, have reported the Internet advertisement at the above-H office, received the request from I to find out evidence to reveal the facts of the victim J, the husband, and accepted it. The Defendant and B, around that time, have also been manufactured by the company "K" under the back of the passenger car.