절도등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall be imposed on the defendant.
1. The summary of the reasons for appeal (No. 1: fine of 1,000,000, that of 2: fine of 1,000,000, that of 3: fine of 3,000,000) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
A. According to the records on the handling of concurrent crimes, the Defendant was sentenced to imprisonment on April 10, 2015 for a violation of road traffic law (unlicensed driving) in the Gwangju District Court’s Macheon Branch on April 18, 2015 and the judgment became final and conclusive on the 18th of the same month.
Since each crime of the judgment of the court below against the defendant and the above crime of violation of Road Traffic Act (unlicensed driving) which became final and conclusive, the punishment for each crime of the judgment of the court below shall be sentenced in consideration of equity with the case to be judged at the same time in accordance with Article 39 (1) of the Criminal Act, since the crime of violation of Road Traffic Act (unlicensed driving) after Article 37 of the Criminal Act, etc.
B. The aggravated criminal defendant filed an appeal against the judgment of the court below, and this Court tried to combine three appeals. Each of the offenses against the defendant should be sentenced to one punishment in accordance with Article 38(1)2 of the Criminal Act in relation to concurrent offenses under the former part of Article 37 of the Criminal Act. Therefore, the judgment of the court below cannot be maintained even in this respect.
3. As such, the judgment of the court below is reversed ex officio 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 after pleading.
Criminal facts
[criminal history] On April 10, 2015, the Defendant was sentenced to eight months of imprisonment for violation of road traffic law (unlicensed driving) in the Gwangju District Court’s net support on April 10, 2015, and the judgment became final and conclusive on April 18, 2015.
[Criminal facts]
1. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act is U.S. owner of a rocketing automobile.
. Mandatory insurance.