여객자동차운수사업법위반등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal of the first instance court (one million won of a fine) is too unreasonable.
2. The defendant did not submit the grounds for appeal within the period for submission of the legitimate grounds for appeal, and the grounds for appeal cannot be found even after examining the second judgment. Thus, the defendant's appeal should be dismissed by decision pursuant to Article 361-4 (1) of the Criminal Procedure Act, but the defendant's appeal against the second judgment shall be dismissed by decision, as long as the judgment against the first judgment of the court below is rendered as follows, the defendant's appeal against the second judgment shall be dismissed by decision as ordered in a lump sum.
3. Before judgment on the grounds for appeal against the judgment of the court of first instance as to the judgment of the court below, the defendant was sentenced to imprisonment with prison labor for six months at the Busan District Court on July 19, 2018, and on September 3, 2018, the above judgment became final and conclusive on September 3, 2018. Since the above crime of violation of the Punishment of Violences, etc. Act (joint injury) and the instant violation of the Passenger Transport Service Act are concurrent crimes under the latter part of Article 37 of the Criminal Act, the punishment shall be determined at the same time in accordance with Article 39(1) of the Criminal Act, taking into account equity and taking into account mitigation or exemption of punishment, and the judgment of the court of first instance that did not take such measures cannot be maintained any more.
4. In conclusion, the appeal by the defendant against the judgment of the court below of second instance is dismissed, and the judgment of the court of first instance is reversed ex officio. Thus, the judgment of the court of first instance is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment is
[Judgment of the court below] Summary of facts constituting an offense and evidence recognized by this court is the original judgment of the court of first instance.