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(영문) 창원지방법원 2017.08.10 2017노783
자동차관리법위반등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal (No. 1: a fine of KRW 3 million, and a fine of KRW 5 million: a fine of KRW 5 million) declared by the lower court is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2. This court tried at a concurrent hearing of the above two appeals. Each of the crimes against the defendant in the first and second cases is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus a single sentence should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained.

3. As such, 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 for sentencing, and the judgment below is reversed in entirety, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 81 subparagraph 2 of the relevant Act on the Management of Motor Vehicles, Article 12 (1) (the point of application for non-registration of ownership transfer), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation Act, Article 74 (1) 3, and Article 44-7 (1) 3 of the Act on Promotion of Use of Information and Communications Network and Information Protection, Etc., Article 136 of the Criminal Act, Article 314 (1) of the Criminal Act, Article 36 of the Criminal Act, Article 36 of the Criminal Act, Article 366 of the same Act, and Article 366 of the Criminal Act, concerning the crime;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of each alternative fine for punishment;

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. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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