(영문) 춘천지방법원 강릉지원 2016.10.27 2016노385

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(영문) 춘천지방법원 강릉지원 2016.10.27 2016노385

특수절도등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of eight months and fine of three hundred thousand won, and Defendant B shall be punished by imprisonment with prison labor of six months and fine.

Reasons

1. The gist of the grounds of appeal is that the lower court, among the instant crimes, has chosen imprisonment not provided for in the Act with respect to the driving of a motorcycle without license among the instant crimes, and sentenced a single imprisonment with prison labor for concurrent crimes with the rest of the Defendants, thereby omitting a fine to be concurrently imposed on the Defendants or a penal detention.

2. In the case of the driver's licenseless driving of each motor bicycle as stated in Paragraph (3) of the crime of the lower judgment, Article 43 of the Road Traffic Act violates the provision of the Road Traffic Act, and Article 154 subparagraph 2 of the Road Traffic Act provides that the person shall be punished by a fine not exceeding 3

Nevertheless, the court below erred in sentencing only imprisonment with prison labor by selecting each imprisonment with prison labor, which is not stipulated in the law, for the driving without the license of each of the above two motor bicycles, for the remaining crimes and concurrent crimes.

Therefore, the judgment of the court below is no longer maintained.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 329 of the Criminal Act; Article 331(2) and (1) of the Criminal Act; Article 154 Subparag. 2 and Article 43 of the Road Traffic Act;

(b) Defendant B: Article 331(2) and (1) of each Criminal Act (the occupation of special larceny), Article 154 Subparag. 2 and Article 43 of each Road Traffic Act (the occupation of driving without a license);

1. Selection of each imprisonment with prison labor or a fine for a crime of violating the Road Traffic Act, with respect to each option of punishment for larceny;

1. Each of the concurrent crimes:

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