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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 5,00,000 won and by imprisonment of 8 months for each of the defendants B.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. The Prosecutor’s sentence (one year of suspended execution in six months of imprisonment, and eight months of imprisonment in case of Defendant A) is too unhued and unreasonable.
B. The sentence of Defendant B (eight months of imprisonment) by the lower court is too unreasonable.
2. Determination
A. According to the prosecutor's ex officio determination of grounds for suspended sentence (defendant A) on the grounds of unfair sentencing, prior to the judgment on the prosecutor's assertion of unfair sentencing, the records show that the defendant A was sentenced to imprisonment for eight months with prison labor or ten months in relation to fraud, etc. on April 15, 201, and that the judgment becomes final and conclusive on April 23, 2011. The latter part of Article 62 (1) of the Criminal Act provides that a suspended sentence shall not be imposed on a crime committed for three years from the time the judgment sentenced to imprisonment without prison labor or a heavier punishment was final and conclusive, and since the crime of this case was committed on September 26, 2011, which was executed or exempted after the judgment became final and conclusive, the court below erred by misapprehending the law by rendering a suspended sentence against the defendant who could not be sentenced to a suspended sentence.
B. Prior to the judgment on the ex officio judgment on changes in the indictment (as to Defendant B) and the judgment on the assertion on unfair sentencing by Defendant B, the first head of the charge was examined by the prosecutor in the trial on May 4, 2012, and the judgment was final and conclusive on May 12, 2012. On October 31, 2012, the Chuncheon District Court sentenced two years of suspension of execution to be sentenced to imprisonment for fraud, etc. at the Seoul Northern District Court on May 4, 2012, and sentenced two years of suspension of execution to be sentenced to imprisonment for fraud, etc. on November 8, 2012, which became final and conclusive on November 8, 2012, and the judgment was modified by this Court, and thus the judgment of the court below was no longer maintained.
3. If so, the judgment of the court below is based on the above reasons for ex officio reversal.