자동차손해배상보장법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too unreasonable.
2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.
According to the records, on November 23, 2016, the Defendant was sentenced to six months of imprisonment with prison labor due to forced indecent acts, etc. in the Incheon District Court’s Vice Branch branch, and on December 1, 2016, it can be recognized that the judgment became final and conclusive on December 1, 2016. The instant crime was in the relation of forced indecent acts, etc., for which judgment became final and conclusive, and the sentence was determined in consideration of the equity between the latter and the latter. However, the lower judgment omitted.
Therefore, the judgment of the court below cannot be maintained.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.
Criminal facts
The summary of the facts charged by this court and the summary of the evidence are as follows. The first head of the original judgment on November 23, 2016, "the defendant was sentenced to six months of imprisonment with prison labor due to forced indecent acts in the Incheon District Court's Busan District Court's Vice Branch on November 23, 2016, and the judgment was finalized on December 1, 2016.
“1. A previous conviction in the judgment of the court below” is added to “1. Pursuant to Article 369 of the Criminal Procedure Act, except for the addition of “1. A final conviction in the judgment of the court below: the inquiry of the date of confirmation and the text of the judgment (Seoul District Court Branch Decision 2016 High Court Decision 1951)” to the column for the evidence, and this shall be cited as it is in accordance
Application of Statutes
1. Relevant Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Compensation for Motor Vehicle Damages, and the choice of fines, respectively, concerning facts constituting an offense;
1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;