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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
The progress of the case and the scope of the trial
1. On October 21, 2011, the Defendant was sentenced to imprisonment with prison labor for 10 months, 2 years in suspended execution, and 20 million won in additional collection, as he/she was found guilty of all facts charged in the Seoul Southern District Court 201Gohap 189 and the case of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “case subject to reexamination”).
(hereinafter “The Judgment on Review”). The Defendant appealed as Seoul High Court 201No3024, but all appeals were dismissed on February 24, 2012. The Supreme Court appealed as Supreme Court Decision 2012Do3563, but the final appeal was dismissed on June 14, 2012, and the decision on review became final and conclusive as it became final and conclusive.
On April 17, 2013, the Defendant filed a petition for a new trial on the judgment subject to a new trial. On December 4, 2013, this Court stated “N” in the victim L, M, T indictment and the judgment subject to a new trial among the judgment subject to a new trial, but is written as “N,” but later written as “U,” and all B” before and after the opening of the judgment;
The decision to commence a new trial was made by recognizing that there were grounds for a new trial as to each fraud of the O, and the decision to commence a new trial became final and conclusive after the lapse of the period of immediate appeal
2. In a final and conclusive judgment which acknowledges several concurrent crimes in the scope of adjudication as guilty, where it is deemed that there exist grounds for request for retrial only for a part of the facts constituting an indivisible crime, the decision to commence retrial has to be made as to the whole of the judgments. However, inasmuch as the effect of the decision to commence retrial is limited to the facts constituting an offense for which no grounds for retrial exist under the nature of the system of retrial, which is a means of emergency relief, is included in the scope of the judgment formally, the new trial court cannot reverse the conviction by re-examination and reversal of the judgment. However, the sentencing should be imposed as to that part.