Defendant

Defendant

Lee Jin-hun

Seoul District Court Decision 2001 High Court Decision 338, 2001 High Court Decision 776 decided July 11, 2001

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months at the time of his original adjudication, and by imprisonment for two months at the time of his original adjudication, with prison labor for the crimes set forth in subparagraphs 1, 2, 4 and 5.

The number of days of detention prior to the pronouncement of the judgment below shall be seven days after the original adjudication, including the crimes of subparagraphs 1, 2, 4, and 5 in the above sentence.

1. Ex officio determination

Although the Defendant did not submit a statement of grounds for appeal within the due period for submission of the grounds for appeal, considering ex officio the motive and background leading up to the instant crime, circumstances after the instant crime, and other factors of sentencing as indicated in the records, such as the Defendant’s age, character and conduct, environment, and criminal history, the sentence of the lower court is deemed to be too unreasonable. In this regard, the lower court’s judgment cannot be maintained any further.

2. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) and (6) of the Criminal Procedure Act, and the following judgment is rendered after pleading.

The criminal facts of the defendant recognized by this court and the summary of the evidence are as shown in the corresponding column of the judgment of the court below, and they are quoted in accordance with Article 369 of the Criminal Procedure Act.

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 347(1), 231, 234, 356, and 355(1) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Aggravation of concurrent crimes;

Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act

1. Calculation of days of detention;

Article 57 of the Criminal Act

It is so decided as per Disposition for the above reasons.

Judge Yang Sung-man (Presiding Judge) For the purpose of Oral Lee Dong-dong