자동차손해배상보장법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four months.
However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.
1. The sentence of the lower court (one year of imprisonment with prison labor for four months and one year of suspended execution) against the accused on the summary of the grounds of appeal is too unreasonable.
2. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 23, 2016, and the judgment became final and conclusive on March 31, 2017. As above, the crime of violation of the Act on the Control of Narcotics, Etc. and each of the crimes of this case, for which the judgment became final and conclusive, are determined by considering the case where the judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act and equity in consideration of the case where the judgment is rendered at the same time pursuant to Article 37 of the Criminal Act, and thus, the judgment of the lower court cannot be maintained in this respect.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows: “The Defendant was sentenced by the Busan District Court on December 23, 2016 to be sentenced to eight months due to a violation of the Narcotics Control Act (fence) at the Busan District Court on March 31, 2017, and the judgment became final and conclusive on March 31, 2017; and “1...................... the Defendant added “a reply to inquiry, confirmation report, and copy of the judgment” as stated in each corresponding column of the judgment of the court below, except for each addition of “a reply to inquiry, such as criminal history, etc...............”
Application of Statutes
1. Relevant Article of the Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act (unlicensed Driving), Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, and the choice of imprisonment, respectively;
1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;
1. Article 37 of the Aggravation of Concurrent Crimes Act.