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We reverse the judgment of the court below.
A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 5,00,000 won.
The above fine shall be imposed on the defendant.
Reasons
1. Summary of grounds for appeal (unfair sentencing)
A. Each sentence sentenced by the court below against the defendant (the first sentence: the fine of 7 million won, the second sentence: imprisonment with prison labor of 4 months and the suspended sentence of 1 year) is too unreasonable.
B. With respect to the case 2014No1968 of this Court, the sentence sentenced by the second instance to the Defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal ex officio, the case of appeal against the judgment of the court of first instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance, which is the case of appeal against the judgment of the court of second instance. The case of this court of second instance, which is the case of appeal against the judgment of the court of second instance, was consolidated in the oral proceedings of the court of second instance. Each of the crimes recognized by the court of first and second instance against the defendant, is in a concurrent relationship under the former part of Article 37 of the Criminal Act, and should be sentenced to a single punishment within the scope of the term of punishment subject to aggravated crimes
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the grounds for reversal of authority as seen above, and the judgment below is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant legal provisions and Articles 109(1) and 36 of the Labor Standards Act (2014No854: Selection of fines, and 2014No1968: Imprisonment with labor);
1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that the defendant's mistake in sentencing is recognized.