교통사고처리특례법위반(치상)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment without prison labor for nine months.
1. The summary of the grounds for appeal (e.g., both types of imprisonment without prison labor) of the lower court is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.
According to the records, the defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court on December 19, 2017 and completed the execution of the sentence on June 16, 2018. The crime of this case was committed on September 30, 2018, which was less than three years after the execution of the sentence was completed, and thus constitutes a repeated crime.
If so, the court below held that the defendant's punishment was imposed on a repeated offender and that the defendant's punishment was omitted, and thus, it cannot be maintained any more.
[Judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the Defendant’s assertion of unfair sentencing, and the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, on the ground that there is a ground for ex officio reversal of the judgment of the court below on July 9, 2015.
[A] The summary of the facts constituting an offense and evidence admitted by this court is as follows. The first head of the facts constituting an offense in the judgment of the court below added "the defendant was sentenced to six months of imprisonment by fraud, etc. at the Seoul Central District Court on December 19, 2017 and completed the execution of the sentence on June 16, 2018." The summary of the evidence added "1......................, criminal records: criminal records records, and personal confinement status" to the summary of the evidence, and thus, the Criminal Procedure Act is identical to the corresponding column of the judgment of the court below.