beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 500,000.
The defendant does not pay a fine.
Reasons
1. Although the Defendant filed an appeal against the lower judgment on March 23, 2015, the lower court’s judgment was clearly stated in the record that the Defendant was unable to submit the grounds for appeal within 20 days from the date on which he/she received the notice of receipt of the records of trial from the court on April 13, 2015, and the petition of appeal also does not contain any indication in
However, according to the records of this case, on June 16, 2014, the defendant was sentenced to a suspended sentence of two years and 40 hours an order to attend a compliance driving lecture on October 24, 2014 by the Busan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), and the judgment became final and conclusive on June 24, 2014. Since the crime of this case was committed before the above judgment becomes final and conclusive, since the crime of this case was committed before the crime of this case was committed, the punishment of this case should be determined after considering equity with the case where the judgment becomes final and conclusive at the same time in accordance with Article 39(1) of the Criminal Act, and examining whether to reduce or exempt the punishment. However, the court below erred in determining the
2. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is again decided as follows after pleading.
Criminal facts
The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are as follows: "The defendant was sentenced to imprisonment for 10 months on June 16, 2014 by the Busan District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-on Vehicle) and 40 hours on June 24, 2014, and such judgment became final and conclusive on June 24, 2014" in the summary of the evidence, except for adding "1. The results of the Konetnet case search" to each corresponding column of the judgment of the court below, and it is as is in accordance with Article 369 of the Criminal Procedure Act.