자동차손해배상보장법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,500,000.
The above fine shall not be paid by the defendant.
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (2 million won) imposed by the lower court is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
According to the records of this case, on May 12, 2017, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Eastern District Court (2016 senior 792) and two years in suspension of execution, and the above judgment was dismissed (2017 senior 725 decided August 16, 2017) and the final appeal was dismissed (Supreme Court Decision 2017Do13843 decided October 17, 2017). Accordingly, it is recognized that the above judgment became final and conclusive on October 17, 2017. Since each crime of the judgment of the court below against the Defendant and fraud for which judgment became final and conclusive are concurrent crimes under Article 37 of the Criminal Act, the judgment of the court below should be sentenced in consideration of equity and the case of judgment at the same time pursuant to the main sentence of Article 39(1) of the Criminal Act, the judgment of the court below cannot be maintained.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.
[Re-written judgment] The summary of facts constituting a crime and evidence acknowledged by this court is as follows: “The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Eastern District Court on May 12, 2017, and two years of suspended execution and the above judgment became final and conclusive on October 17, 2017 at the Seoul Eastern District Court on October 12, 2017.” The summary of the evidence is as follows: (a) the judgment of the Seoul East Eastern District Court on May 12, 2017, which was bound in the public trial records, (b) the judgment of the Seoul Eastern District Court on August 16, 2017; (c) the judgment of the Seoul Eastern District Court on August 16, 2017; and (d) the judgment of the Supreme Court on October 17, 2017, which was stated in the corresponding column in Article 369 of the Criminal Procedure Act.”
Application of Statutes
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