Text
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment for eight months.
, however, the defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment is too unreasonable.
B. The lower court’s sentence against Defendant B of the Prosecutor is too unhued and unreasonable.
2. All of the sentencing conditions shown in the records and arguments of the judgment in this case and the crime of violation of the Road Traffic Act (unlicensed Driving) and Defendant A were sentenced to a suspended sentence of imprisonment without prison labor or heavier punishment, and they were in depth and without prison labor or heavier punishment. In full view of the fact that Defendant B did not have the same kind of criminal punishment and imprisonment without prison labor or more, the sentence against Defendant A is too unreasonable and unfair, and the punishment against Defendant B is too uneased and unfair.
3. According to the conclusion, since the appeal by Defendant A is well-grounded, pursuant to Article 364(6) of the Criminal Procedure Act, the part of the judgment of the court below against the above defendant is reversed and it is again decided as follows. Since the prosecutor's appeal against Defendant B is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.
Criminal facts
The summary of the defendant A's criminal facts and the summary of the evidence recognized by this court are the same as that of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 47 subparagraph 1 of Article 47 of the Employment Security Act, Article 19 (1) of the Employment Security Act (a point of unregistered fee-charging job placement service), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (a point of driving without a license) and the selection of imprisonment for each
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Article 62 (1) of the Criminal Act (Considering circumstances in which judgment on the grounds for appeal is stated);
1. Social service order under Article 62-2 of the Criminal Act;
1. Article 48 (1) 1 of the Criminal Act to be confiscated;