특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.
2. Prior to the judgment on the grounds for appeal by the public prosecutor, according to the records of this case, the defendant was sentenced to imprisonment with prison labor for not more than ten months at the Suwon District Court on November 4, 2015, and on January 15, 2016, the above judgment became final and conclusive on January 15, 2016. The defendant was sentenced to imprisonment with prison labor for not more than two years on September 3, 2014, and on January 29, 2016, it can be recognized that the above judgment became final and conclusive on January 29, 2016. As such, each crime for which the judgment became final and the crime of this case are concurrent crimes in relation to a group after Article 37 of the Criminal Act, and thus, the judgment of the court below cannot be maintained, taking into account the case where the judgment is to be held simultaneously and equity.
3. Thus, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper argument of sentencing, and the judgment below is reversed, and it is again decided as follows through pleading.
[Judgment] The summary of facts constituting a crime and evidence recognized by this court is, under the column of “criminal facts” of the judgment of the court below, the summary of facts constituting a crime and evidence is a person who was sentenced to a suspended sentence of two-year imprisonment with prison labor for a crime of fraud on November 4, 2015 and sentenced to a ten-year period of imprisonment with prison labor on January 15, 2016, and the judgment became final and conclusive on September 3, 2014, in the support of Suwon Frigwon, and on January 29, 2016, the said judgment became final and conclusive.
The phrase “a summary of evidence” of “B and B” of “a summary of the evidence” of the first instance judgment is the same as the corresponding column of the lower judgment, except for the addition of “a defendant’s oral statement” to “a defendant’s previous trial statement” of the second instance judgment. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Act concerning facts constituting an offense;