Text
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
A fine shall not be paid by the defendant.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below on the 1, 2, and 3 of the defendant's appeal is all erroneous, which affected the conclusion of the judgment.
The punishment prescribed by the court of the court of the original instance (the punishment of KRW 3 million for each of the judgment of the court of the first and second instances; KRW 1 million for each of the judgment of the court of the third instance) is too unreasonable.
B. The first instance judgment decision regarding the Prosecutor’s crime of destroying property (a sum of KRW 3 million) is too unfilled and unfair.
2. Determination
A. Examining the instant case based on the evidence duly adopted and examined as to the assertion of mistake of fact, it is just and acceptable for the court of the original instance to find the Defendant guilty of all the charges as stated in its reasoning.
The defendant's assertion that there was a mistake that affected the judgment of the court below is not accepted.
B. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
The appeal case against the lower judgment, No. 2016, No. 4262 of this Court, the appeal case against the lower judgment, No. 2016, No. 4791 of this Court, which is the appeal case against the lower judgment, and No. 2017, No. 167 of this Court, which is the appeal case against the lower judgment, was consolidated in the trial of the first instance.
Each crime of the first, second, and third decision by the Supreme Court is a concurrent crime under the former part of Article 37 of the Criminal Act.
Pursuant to Article 38 (1) of the Criminal Code, a single sentence should be imposed within the scope of aggravated concurrent crimes.
Therefore, the judgment of the court below can no longer be maintained.
3. As such, the judgment of the court below Nos. 1, 2, and 3 is reversed ex officio as above. Thus, the judgment below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, after hearing, after omitting the explanation of the judgment as to the unjust determination of sentencing by the defendant and the prosecutor.
【Grounds for a new judgment】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence, fall under each of the original judgment.