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The judgment of the court below is reversed.
A defendant shall be punished by a fine of 500,000 won.
The above fine shall not be paid by the defendant.
Reasons
1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (one million won of fine) is too large.
2. According to the records of ex officio determination, the Defendant was sentenced on February 6, 2013 to six months of suspension of execution, to six months of probation, to a probation, to provide community service, or to 120 hours, and the judgment becomes final and conclusive on February 14, 2013. ② On May 3, 2016, Seoul High Court Decision 2015No288 decided May 3, 2016, the Defendant was sentenced to one year imprisonment and two years and six months, and the judgment becomes final and conclusive on July 27, 2016, for the violation of the Punishment of Violences, etc. Act (organization of organization, etc.) in relation to the crime of aiding and abetting goods and the Punishment of Violences, etc. Act (organization of organization, etc.) for which the judgment of the lower court became final and conclusive on July 27, 2016, and the lower court did not consider the relation between the Defendant and the crime of violating the latter part of Article 37(1) of the Criminal Act, and did not consider the principle of equity.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) and (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is reversed and it is again decided as follows.
[Grounds for the judgment of multiple court] The summary of facts constituting a crime and evidence admitted by this court is the first head of the facts constituting a crime as stated in the judgment of the court below and the summary of the evidence are "the defendant was sentenced to two years of suspended execution, two years of probation, one hundred and twenty hours of community service work at the Suwon District Court on February 6, 2013, and the judgment becomes final and conclusive on February 14, 2013, and the Seoul High Court on May 3, 2016.