특정범죄가중처벌등에관한법률위반(도주차량)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
1. The summary of the grounds for appeal (No. 1: Imprisonment with prison labor for 1 year, and a fine of 2 million won for 2 million won) by the court below is too unreasonable.
2. Prior to the judgment on the grounds of ex officio appeal, the judgment of the court below Nos. 1 and 2 against the defendant was rendered, and the defendant filed an appeal against the judgment of the court below, and the court decided to hold a joint hearing of each of the above appeals cases.
Each crime of the first and second judgment against the accused shall be sentenced to one sentence in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act.
Therefore, the judgment of the court below Nos. 1 and 2 cannot be maintained as it is.
3. If so, the court below's judgment Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.
【Re-written judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to each corresponding part of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 331-2 of the relevant Act on the Criminal facts; Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Article 268 of the Criminal Act; Article 148 and Article 54 (1) of the Road Traffic Act (the occupation of any measure after an accident); Article 151 of the Road Traffic Act (the occupation of any work and any damage); Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the occupation of any unauthorized Driving); Articles 50 (3) 2 and 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of any changed personal information)
1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Exemplary Vehicles) are between crimes and the victim J with heavier criminal situation.