강제집행면탈
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for one year.
Summary of the grounds for appeal (unfair form of punishment)
A. The respective sentences of the judgment of the court below (the first judgment: imprisonment with prison labor for one year and six months, the suspension of execution for two years, and the second judgment: imprisonment with prison labor for eight months) are too unreasonable.
B. The judgment of the court of first instance by the prosecutor is unreasonable because the sentence imposed on the defendant is too unfasible.
2. We examine ex officio prior to the judgment on the grounds for appeal.
The crime of evading compulsory execution committed by the Defendant against the victimized company from May 5, 2016 to June 6, 2016 was first prosecuted by Daejeon District Court 2018 Godan29, and the judgment of the court below was pronounced.
After that, on May 4, 2016, the crime of evading compulsory execution against the victimized company, which was related to the crime of evading compulsory execution, was additionally prosecuted by the Daejeon District Court 2019No788, which was sentenced to the second judgment.
As to the judgment of the court below in the first and second instances, the defendant filed each appeal against the judgment of the court of first instance, and this court decided to consolidate the above two appeals cases.
On the other hand, the prosecutor stated in the trial that the submission of the indictment for the above additional indictment constitutes a single comprehensive crime, which is the first omission in the indictment, and the purpose of adding the name of the crime and the applicable provisions of Acts to the single comprehensive crime, and that the indictment was not filed in duplicate for one crime, and that the modification of the indictment was made by the above additional indictment.
(See Supreme Court Decision 96Do1698 delivered on October 11, 1996). Accordingly, the lower judgment was no longer maintained.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining each of the alleged unfair sentencing by the defendant and the prosecutor, and it is again decided as follows.
[The reasons for the judgment of multiple times] criminal facts and summary of evidence.