Text
The judgment below
The part of the case of the defendant is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The defendant above.
Reasons
The court below rendered a judgment to dismiss the prosecutor's request regarding the part of the case of the defendant and the part of the case of the case of the attachment order, and the only defendant appealed. Thus, there is no interest in appeal regarding the part of the case of the attachment order claim.
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of
The summary of the grounds for appeal in light of the various sentencing conditions in this case, the punishment (7 million won) imposed by the court below is too unreasonable and unfair (the defendant asserted that he was in a state of mental disorder when he committed the crime in this case under the influence of alcohol in the reasoning for appeal. However, the defendant withdrawn the above argument to the effect that he was in a state of mental disorder in the course of the crime in this case under the influence of alcohol in the reasoning for appeal, and arranged the allegation that he was in a state of mental disorder in the second trial on the date of the trial of the trial of the first instance, and that he did not dispute the mistake of facts or misunderstanding of legal principles as to mental disorder, and even after ex officio examination of the above facts,
The record of ex officio determination reveals that the Defendant was sentenced to one year of imprisonment with prison labor on February 2, 2017 for obscene obscene crimes, etc. in the Daegu District Court Branch Branch Branch of Port Branch Branch of the Daegu District Court on February 2, 2017 and that the above judgment became final and conclusive on February 10, 2017 due to the Defendant’s failure to file an appeal. Since it is apparent that the instant crime of indecent act was committed prior to the date when the above judgment became final and conclusive, the instant crime of indecent act and the crime for which the judgment became final and conclusive are determined by taking into account equity with the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act.