범인도피등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
provided that this ruling has become final and conclusive.
[Judgment on the Reasons for Appeal] The main points of the grounds for appeal (e.g., e., the sentencing of the original court (e.g., 6 months of imprisonment) are too unreasonable.
Before making a judgment on the grounds for appeal ex officio, the defendant filed an appeal against the judgment below, and this court decided to hold concurrent hearings. Each of the offenses of the judgment below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and shall be sentenced to a single sentence within the scope of the term or amount, for which a concurrent offense is aggravated in accordance with Article 38(1) of the Criminal Act. Therefore, the judgment of the court below cannot be reversed in that sense.
If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing.
[Grounds for the judgment] The facts constituting an offense and summary of evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 151(1) of the Criminal Act, Article 151(1) of the Criminal Act, Article 152(1) of the Criminal Act and Article 152(1) of the Criminal Act, the choice of imprisonment for a crime;
1. Articles 153 and 55(1)3 of the Criminal Act for statutory mitigation (i.e., perjury as a confession)
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. The crime of this case on the grounds of sentencing under Article 62-2(1) of the Social Service Order Criminal Act and Article 59 of the Act on Probation, etc. is made by falsely stating that the defendant caused a traffic accident by driving a police officer under influence of alcohol, thereby allowing the police officer to escape B who actually driven under influence of alcohol.