Yoon Seok-yeol’s ’emergency appeal’ accepted Daebap… “It is illegal to be sentenced to a fine of 6 million won with probation.”

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Supreme Court view. material photo

The Supreme Court accepted the emergency appeal filed by Yoon Seok-yeol, a presidential candidate for People’s Strength, who said that “the court’s judgment of a suspension of execution with a fine of 6 million won was unreasonable” while serving as prosecutor general. Emergency appeal refers to an emergency relief procedure in which the Prosecutor General files an appeal to the Supreme Court when a violation of laws and regulations is discovered in the final and final judgment of a criminal case. The first division of the Supreme Court (Chief Justice Kim Sun-sun) announced on the 10th that it would cancel the probation part in the lower court, which suspended the execution of the fine for Mr. In July 2017, Mr. A, who runs a livestock distribution business, told Mr. B, who runs a livestock wholesale business, “If you trust and supply livestock products such as pork belly, we will settle the price after the sale,” and received the livestock products. However, in 2014, Mr. A was declared bankrupt due to debts worth 250 million won. There was also an unpaid livestock product price of about 90 million won, so even if B received the livestock product, he had no intention or ability to pay the price. Nevertheless, from July 2017 to April 2018, Mr. B received livestock products worth 213.28 million won from Mr. B on 82 occasions. In October 2019, the first trial said, “The degree of deception is weak due to the failure to pay some of the transaction amount. A was sentenced to a fine of 6 million won and probation for two years for the reason that he admitted the crime and is reflecting on it.” In August of the following year at the second trial, the prosecutor’s appeal was dismissed. After that, the prosecution dropped the appeal and the sentence was confirmed. However, Candidate Yoon, who was then the Prosecutor General, made an emergency appeal to the Supreme Court, saying the lower court’s ruling was illegal. The Supreme Court said, “Article 62-1 of the Criminal Act stipulates that when a sentence of imprisonment or imprisonment without prison labor for not more than 3 years or a fine of not more than 5 million won is sentenced, the execution can be suspended. It is a case of violating the law,” he cited the emergency appeal. However, since the main purpose of the emergency appeal is to correct errors in the interpretation and application of laws and regulations, it does not affect Mr. By Jeon Kwang-jun, staff reporter [email protected]



Reference-www.hani.co.kr

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