도로교통법위반(무면허운전)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
1. The sentence imposed by the court below (one year and six months of imprisonment) 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 served on January 31, 2019 with respect to the case of Busan District Court 2018 Godan566, the defendant was present on the first day of February 13, 2019 and the pleading was terminated on the same day. ② The defendant was indicted on February 28, 2019 by adding the case to Busan District Court 2019 Godan685, and the court below made a consolidation decision upon the prosecutor's application. ③ The court below sent a copy of the indictment by public notice in accordance with Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings with respect to the case of the above 2019 Godan685, which was consolidated, and sent a copy of the indictment to the defendant on January 8, 2020 while the defendant was absent, and the defendant requested the recovery of his/her right to appeal on March 10, 202, and the court below affirmed the fact that the defendant's right to appeal was recovered.
According to the above facts of recognition, the defendant could not attend the trial of the court below for the reasons that he could not be held responsible for each of the crimes in the judgment of the court below in the above case. Thus, among the judgment below, the grounds for requesting a retrial under Article 23-2 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings are acknowledged, and this constitutes grounds for appeal under Article 361-5 (13) of the Criminal Procedure Act
Thus, the appellate court, as the appellate court, shall proceed with a new litigation procedure by delivering a copy of indictment, etc., and then reverse the above part of the judgment below and render a new judgment in accordance with the result of a new trial. Therefore, the above part of the judgment below cannot be maintained
Furthermore, the lower court considers each of the facts constituting an offense as concurrent crimes under the former part of Article 37 of the Criminal Act as a single punishment.