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(영문) 대구지방법원 2013.06.20 2012노4159
위증
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

1. The summary of the grounds for appeal (a fine of two million won) by the lower court is deemed to be too unhued and unfair.

2. According to the ex officio determination records, Defendant A and C may be deemed to have been sentenced to imprisonment with prison labor for 6 months and 2 years of suspended execution with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Daegu District Court on October 18, 2012, and Defendant B may be deemed to have been sentenced to six months of imprisonment with prison labor, and the fact that the judgment became final and conclusive on March 3

Since the crime of this case is related to the crime subject to the above final judgment and the latter part of Article 37 of the Criminal Act, the punishment of this case shall be determined after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where a concurrent judgment is rendered pursuant to Article 39(1)

The judgment below

The judgment of the court below can no longer be maintained in this respect, since the application of Acts and subordinate statutes omits the processing of concurrent crimes.

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the prosecutor's allegation of unfair sentencing, on the grounds of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows: “Defendant A and C shall be sentenced to 6 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on October 18, 2012,” and Defendant B shall be sentenced to 6 months of imprisonment and 2 years of suspended execution for the crimes of violation of the Act on the Control of Narcotics, etc. at the Daegu District Court on October 18, 2012, and the judgment became final and conclusive on March 30, 2013, and are as stated in

Application of Statutes

1. Article 152 (1) of the Criminal Act and Article 152 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Statutory mitigations under Articles 153 and 55 (1) 6 of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act for dealing with concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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