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(영문) 대전지방법원 2017.05.25 2016노3760 (1)
자동차관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The sentence imposed on the accused (the first instance judgment of KRW 1: Imprisonment with prison labor for 10 months and the second instance: imprisonment with prison labor for 1 year) by the first and second instance judgments on the grounds of appeal is too unreasonable;

2. Ex officio determination, the defendant filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to consolidate the above two appeals cases. The crime of the judgment of the court of first instance and the crime of the judgment of the court of second instance in the judgment of the court of second instance against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act and should be punished as a single sentence in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

3. As seen above, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument about sentencing, and the judgment of the court below Nos. 1 and 2 is reversed, and the following is again decided after pleading.

【Grounds for a new judgment】 The facts constituting a crime and the summary of evidence recognized by the court are identical to the statements in each corresponding column of the first and second judgments, thereby citing them as they are in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 79 subparag. 13 and Article 53(1) of the relevant Act on the Management of Motor Vehicles for Criminal Facts; Article 30 of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 231 and 30 of the respective Criminal Act (the point of fraud), Articles 234, 231, and 30 of the said Act (the point of fraud in private document) of the said Act; Articles 234, 231, and 30 of the said Act of the said Act (the point of uttering of the said investigation document);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The crime in the judgment of the first instance court of the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is a criminal who promotes the supply and distribution of so-called large vehicles used for various criminal acts. In particular, the defendant plays a role in opening and operating a website that can openly trade the vehicles on the Internet.

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