Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B A person shall be punished by imprisonment for one year.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Defendant A1) The Defendant was addicted to narcotics at the time of the instant crime, and was in a state of mental and physical disability. (2) The lower court’s sentence of unfair sentencing (a year of imprisonment, confiscation, additional collection of KRW 1,416,500) is too unreasonable.
B. Defendant B (1) No. 950,00 won was paid to C for the purchase of Russia as stated in the judgment of the court below on the erroneous determination of facts, and the said money was paid as C’s travel expenses, and there was no conspiracy between Defendant C and Russia import. (2) The sentence of the court below’s unfair sentencing (one year of imprisonment with prison labor, three years of suspended execution, probation, collection 1,00,000 won) is too unreasonable.
C. The sentence of the lower court’s imprisonment (three years of probation, probation, and collection KRW 500,000 for eight months of imprisonment) is too unreasonable.
The prosecutor (with respect to the defendant A, B, and C, unreasonable sentencing)'s respective sentence against the defendant A and B and the sentence against the defendant C (the suspended sentence of three years in one year and six months in one year and six months in one year and six, probation, additional collection of KRW 1,00,00 in one year and one year) are too uneasible and unfair.
2. Determination
A. The judgment ex officio (part against Defendant B) and the judgment on the grounds for appeal against Defendant B by the Prosecutor, prior to the judgment on the grounds for appeal against Defendant B, the records show that the Defendant was sentenced to six months of imprisonment on September 23, 2014 with prison labor on the grounds of a violation of the Road Traffic Act (refluence) at the original branch of the Chuncheon District Court on February 26, 2015. Thus, the offense against the Defendant in the judgment below against the Defendant is concurrent with the above offense for which judgment became final and the latter part of Article 37 (1) of the Criminal Act, and the punishment is determined at the same time after considering equity and the case where the above offense in the judgment below becomes final and conclusive in accordance with Article 39 (1) of the Criminal Act, and considering equity and the reduction or exemption of the punishment, the judgment below which failed to take such measures cannot be maintained ex officio. Accordingly, the judgment below is reversed ex officio.
However, among the judgment below.