The judgment below

The remainder, other than the rejection of the application for compensation, shall be reversed.

Defendant 5,00. A fine for negligence of 5,000

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, Article 35(1) of the Criminal Act provides that "any person who commits a crime equivalent to or greater than imprisonment without prison labor, after having been sentenced to imprisonment without prison labor or heavier punishment, shall be punished as a repeated crime." Here, "crimes constituting a crime equivalent to or more than imprisonment without prison labor" refers to crimes punishable by imprisonment without prison labor or imprisonment for a limited term, and where a fine is selected among the statutory penalty, repeated crime cannot be aggravated (see, e.g., Supreme Court Decision 82Do1702, Sept. 14, 1982). The court below erred by misapprehending the legal principles on a repeated crime, which affected the conclusion of the judgment, by misunderstanding the legal principles on a repeated crime pursuant to Article 35 of the Criminal Act, on the grounds that the defendant was prior to the judgment of the court below after having selected a fine among the statutory penalty under Article 347(2) and (1) of the Criminal Act

Therefore, the judgment of the court below can no longer be maintained.

3. Therefore, the judgment of the court below is reversed without examining the prosecutor's allegation of unfair sentencing, and the part of the court below's decision excluding the rejection of the application for compensation among the judgment below pursuant to Article 364 (2) of the Criminal Procedure Act is reversed, and it is again decided

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant was sentenced to one year of imprisonment with prison labor from the Seoul High Court on August 27, 2009 at Seoul High Court on the crime of embezzlement, etc. and completed the execution of the sentence on August 26, 2010 at the Seoul High Court on August 27, 2010" and the summary of the evidence in Part 3 of Part 3 among the summary of the evidence, except for deletion of references to criminal records, investigation reports (verification of facts of punishment and copies of judgment)".