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All judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court (as to the first and second lower judgment: imprisonment with prison labor for 1 year and 2 months: imprisonment for 1 year and 8 months) is too unreasonable.
B. The judgment of the court below (as to the judgment of the court of first instance) is too unhued and unfair.
2. We examine ex officio the judgment on the grounds for appeal of unfair sentencing by the Defendant and the prosecutor prior to the judgment on the grounds of unfair sentencing.
The trial of the court of first and second instance decided to consolidate the cases of the court of first and second instance with respect to the defendant, and the crimes of the court of first and second instance with respect to each of the concurrent crimes under the former part of Article 37 of the Criminal Act should be sentenced to a single sentence. Thus, the judgment of the court of first and second instance shall be reversed ex
3. Accordingly, the court below's judgment of the first and second court is reversed in its entirety under Article 364 (2) and (6) of the Criminal Procedure Act without examining the grounds for appeal of unfair sentencing by the defendant and the prosecutor, as the grounds for reversal of the judgment of the court below are reversed ex officio, and it is so decided as follows.
Criminal facts
The main points of the evidence and the main points of the judgment of the court below are as follows.
Application of Statutes
1. Article 258 (2) and (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Article 3 (1), the proviso of Article 3 (2) and Article 3 (7) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automatic Compensation for Damages, Article 151 (1) and Article 31 of the Criminal Act, Article 31 of the Act on Special Cases concerning the Settlement of Traffic Accidents
1. Article 35 of the Criminal Act among repeated crimes;
1. Grounds for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2 and (2), and Article 50 of the Criminal Act;
1. The range of applicable sentences: Imprisonment for a year to February 30.