beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 5,000,000 won.
Defendant .
Reasons
1. With respect to Defendant A’s appeal, even though Defendant A received a notice of receipt of records of trial on October 12, 2016 after filing the instant appeal, and received a notice of receipt of records of trial on October 12, 2016, Defendant A failed to submit a written reason for appeal within 20 days, which is the period for submitting the written reason for filing the appeal. The petition of appeal does not contain any reason for filing the appeal, and the grounds for ex officio examination on the records cannot be found. Thus, a decision to dismiss Defendant A’s appeal pursuant to Article 361-4(1) of the Criminal Procedure Act should be made, but as long as a judgment is rendered against Co-Defendant B, Defendant A shall be declared together without separately
2. The summary of the grounds for appeal by the prosecutor is unreasonable because the sentence (7 million won in penalty) imposed by the court below on the defendant B is too uneased.
3. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, in the case of perjury, if the person who committed the crime, confessions before the judgment on the case becomes final and conclusive (Article 153 of the Criminal Act), the punishment shall be mitigated or exempted (Article 153 of the Criminal Act). According to the prosecutor's examination protocol on the defendant B, the defendant B led to the confession of the facts charged in this case from the prosecutor's investigation on July 7, 2016, which was before the judgment on the violation of Traffic Act (driving) of the Daejeon District Court 2015 and the judgment on July 7, 2016, which was before the pronouncement of the judgment on the case on the violation of Traffic Act (driving) of the Daejeon District Court 2015, the court below erred
Therefore, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's appeal, and the part of the judgment of the court below against Defendant B is reversed, and it is again decided as follows through pleading.
Criminal facts
The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.