beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 5,000,000 won.
Defendant .
Reasons
1. The summary of the grounds for appeal (e.g., e., e., e., 5 million won, 6 months of imprisonment, 2 years of suspended execution, 80 hours of social service) of the lower court against the Defendants is too unreasonable.
2. Determination
A. We examine the judgment ex officio on Defendant B prior to the judgment on the grounds for appeal by Defendant B.
Defendant
B, as stated in the first head of the crime in the judgment below, on October 26, 2017, the above judgment was finalized on March 15, 2018 after being sentenced to imprisonment with prison labor for one year and two months, with prison labor for a special injury by the Daejeon District Court on March 26, 2017, and on March 15, 2018; ① on February 27, 2018, the above judgment was finalized on March 7, 2018 after being sentenced to a two-year suspended sentence for a special injury by the same court on March 7, 2018; ② on April 27, 2018, the above judgment was finalized on September 28, 2018 after being sentenced to a two-year suspended sentence for a special threat by the same court on September 28, 2018; ③ on May 24, 2018, each of the above judgment became final and conclusive on June 1, 2018.
Therefore, not only the above special injury by the first head of the crime in the judgment of the court below, but also each crime for which each judgment has become final and conclusive as above is related to Defendant B’s crime of this case and concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, a punishment shall be determined by taking account of equity with the concurrent judgment pursuant to Article 39(1) of the Criminal Act (see, e.g., Supreme Court Decision 2008Do209, Oct. 23, 2008). Of the judgment of the court below,
B. The determination of sentencing on Defendant E’s assertion of unfair sentencing is based on the statutory penalty, and the discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors on the sentencing under Article 51 of the Criminal Act, fairly taking into account.
However, the Korean Criminal Procedure Act takes effect.