특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court Decree No. 1 is reversed, and the part against Defendant A in the judgment of the court below No. 2 is reversed.
Defendant
A. Imprisonment.
I. The summary of the grounds for appeal is that the punishment (Defendant A: imprisonment of 1 year and 6 months, imprisonment of 1 year, additional collection of 10,000 won and 200,000 won; DefendantO: imprisonment of 10 months and additional collection of 100,000 won) determined by the court of the original instance is too unreasonable.
II. We examine Defendant A’s grounds for appeal ex officio prior to the judgment on the grounds for appeal by Defendant A.
The appeal case against the judgment of the court of first instance, No. 2016 No. 3110 of this Court, and the appeal case against the judgment of the court of second instance, was consolidated in the trial of the court of second instance.
Since each crime of the first and second judgment is a concurrent crime under the former part of Article 37 of the Criminal Act, it is necessary to impose a single sentence within the scope of aggravated concurrent crimes in accordance with Article 38(1) of the Criminal Act.
In this respect, the judgment of the court below is no longer maintained.
Therefore, since the part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant A is reversed ex officio as above, it is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without further proceeding to decide on the defendant's unfair argument of sentencing, and it is again decided as follows.
【Grounds for another judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of each judgment of the court below, and thus, they are quoted as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148, Article 54 subparag. 1 of the Road Traffic Act (the point of failing to take any measures after an accident), Article 60 subparag. 2, Article 4(1)1, and subparagraph 3(b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of giving and receiving opphonephones) concerning the crime under the relevant provisions of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of penalty, each abandonment of penalty;
1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act for aggravated repeated crimes;
1. The aggravated Criminal Act for concurrent crimes.