폭력행위등처벌에관한법률위반(공동감금)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.
1. The summary of the grounds for appeal (the first judgment: imprisonment with prison labor for a maximum of two years, the short of one year, and the second judgment: imprisonment with prison labor for a maximum of one year and the short of six months) declared by the original judgment is too unreasonable; and
2. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the court decided to hold concurrent hearings of the above appeal cases. As long as the facts charged by the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered concurrently and a single sentence should be sentenced. Thus, the judgment of the court below cannot be maintained any more.
3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendants’ assertion of unfair sentencing, and it is again decided as follows through the pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 2 (2) and (1) 2 of the Act on the Punishment of Violences, etc. of Violences of Specific Crimes; Articles 276 (1), 141 (1), 331 (2) and (1), 342, and 32 (1) (limited to Article 2014 high-speed 4562 criminal facts) of the Criminal Act; Articles 152 (1) and 43 of the Road Traffic Act; Articles 347 (1), 30, and 352 (limited to Article 20 (1) 3 of the Criminal Act; Article 30 of the Specialized Credit Finance Business Act; Article 260 (1) of the Criminal Act; Articles 35 (1), 230, 360 (1), 360 (1), 231, 2331, 230, 341, 35, and 431 of the Criminal Act;
1. As to the crime of violation of the Road Traffic Act due to the selective occupational negligence, damage and damage, etc.