beta
Text
1. The part against Defendant A of the first judgment and the second judgment shall be reversed.
Defendant
A shall be punished by imprisonment for a period of two years and six months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing: Defendant A: imprisonment with prison labor for one year and six months; imprisonment with prison labor for one year and six months; imprisonment with prison labor for one year and six months; and imprisonment with prison labor for two hundred thousand won and one year and six months; and imprisonment with prison labor for one year) declared by the lower court against the Defendants is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds for appeal by Defendant A, the first and second court sentenced Defendant A to the lower court ex officio on February 5, 2014 each of the above judgments, which was determined as KRW 2013, 2243, 2013, 2357, 2013, 2013, 3569 (merged), and 2014, 2014, 2014, 453, respectively, and 200,000,000,000 won for each of the above judgments. The first court sentenced Defendant to the first instance court on April 10, 2014, and the second and second judgments on the grounds for appeal by the Incheon District Court. The court of the second instance decided to consolidate the above cases, and the lower court rendered a single judgment on each of the Defendants to the effect that each of the above judgment of the lower court did not constitute a single criminal offense under Article 371 of the Criminal Act, and the lower court’s judgment on each of the two separate judgments was reversed.
In addition, the second judgment considered the crime of violation of the Road Traffic Act (driving without a license) and the violation of the Road Traffic Act (driving without a license) as the substantive concurrent crimes, but the above two crimes should be deemed to be in an ordinary concurrent relationship corresponding to the several crimes, and in this case, the punishment should be sentenced only to the aggravated imprisonment (the second judgment selected imprisonment for all the remaining crimes including the above crimes) between the crimes of violation of the Road Traffic Act (driving with a heavier punishment) and the remaining crimes of the second judgment. However, since the defendant was concurrently sentenced to a fine of two hundred thousand won in addition to the imprisonment of one year and six months, this is also true.