All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

1. Summary of grounds for appeal;

A. The sentencing of Defendant 1’s original judgment is too unreasonable.

B. The sentencing of the second decision of the Prosecutor’s 2nd decision is too uncomfortable.

2. Determination

A. We examine ex officio prior to judgment on the grounds for appeal by the prosecutor and the defendant.

The first and second original courts rendered a judgment against the defendant as the High Court 2017 High Court 2346 High Court 2017 High Court 2016 High Court 2016 High Court 5157, and sentenced the defendant to each punishment. The first original judgment as to the defendant, the prosecutor filed each appeal against the second original judgment, and this court decided to hold a joint trial for the above appellate cases. Among the crimes of the first and second original judgment as to the concurrent crimes under Article 38(1) of the Criminal Act, each of the crimes of the first and second original judgment should be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the first and second original judgment cannot be exempt from all reversal.

3. If so, the judgment of the court below is reversed ex officio as seen above, and the judgment below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without further proceeding to decide on the unfair argument of sentencing by the defendant and the prosecutor.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act (the point of escape after occupational injury), Articles 148 and 54(1) of the Road Traffic Act, Article 151 of the Road Traffic Act, Articles 152 subparag. 1 and 43 of the Road Traffic Act concerning the crime;

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

1. Selection of penalty;