자동차관리법위반등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The respective punishment of the lower court (the first instance judgment: imprisonment with prison labor for a year and six months and a fine of a fine of five million won, and the second instance judgment: imprisonment with prison labor for a period of two months) is too unreasonable when considering various circumstances against the Defendant in light of the summary of the grounds for appeal.
2. Prior to the judgment on the grounds for appeal by the defendant ex officio, this Court tried at a concurrent hearing of two appeals cases against the defendant, and all of the offenses of each case deliberated upon in the trial at the court at the same time are concurrent offenses under the former part of Article 37 of the Criminal Act, which shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent offenses pursuant to Article 38(1) of the Criminal Act (the court at this time shall select imprisonment for party members selected by the court below, but shall decide to sentence punishment which is not disadvantageous to the defendant). In this regard, the court below cannot be maintained any further.
3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is reversed in its entirety, and it is again decided as follows through pleading.
Criminal facts
The summary of the evidence and the facts charged by the Defendant and the summary of the evidence acknowledged by the court are as follows, except where the obligor’s “A” No. 1 of the attached list of crimes in the judgment of the court of first instance is “AE” among the facts constituting the crime in the judgment of the court of first instance, and therefore, it is identical to each corresponding column of the judgment of the court below. Thus,
Application of Statutes
1. Article 81 Subparag. 19 of the Motor Vehicle Management Act, Articles 34 of the same Act, Article 30 of the Criminal Act, Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act, and Article 19(1) of the Act on Registration of Credit Business and Protection of Finance Users, concerning criminal facts.