자동차관리법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of 6 million won.
The above fine shall not be paid by the defendant.
1. The lower court’s reasoning for the appeal (six million won of a fine) is too unhued and unreasonable.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, according to the records, the defendant was sentenced to a fine of five million won on February 12, 2019 by the Incheon District Court for fraud, etc., and the above judgment becomes final and conclusive on February 20, 2019. Since the crime of violation of the Automobile Management Act and the above crime of fraud, etc. committed before the judgment becomes final and conclusive, the latter part of Article 37 and Article 39(1) of the Criminal Act need to be applied in relation to concurrent crimes under the latter part of Article 37 of the Criminal Act, the judgment of the court below cannot be maintained any longer.
3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is again decided as follows.
[C] The summary of the facts constituting a crime and the evidence admitted by the court below and the summary of the facts constituting a crime are as follows: "The defendant was sentenced to a fine of five million won by fraud, etc. at the Incheon District Court on February 12, 2019; the above judgment was finalized on February 20, 2019; the judgment was finalized on February 20, 2019; and the judgment was rendered on February 1: the summary of the evidence was as stated in the judgment of the court below, with the exception of adding "a copy of the judgment of the case at Incheon District Court 2018No917; a copy of the final judgment of the case at Incheon District Court 2017Da8769, 9054 (Joint)" to the corresponding column of the judgment of the court below. Thus, it is cited in accordance with Article 369
Application of Statutes
1. Article 79 subparagraph 13 of the Motor Vehicle Management Act, Article 53 (1) of the same Act, Article 30 of the Criminal Act, the selection of fines, and the selection of fines concerning criminal facts;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. The following circumstances are the reasons for sentencing under Article 334(1) of the Criminal Procedure Act.