The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by a fine of KRW 2,500,000.

1. On the first instance court’s judgment, the first instance court rendered a judgment of innocence as to the violation of the Motor Vehicle Management Act due to the operation of a motor vehicle without authority among the facts charged, and rendered a judgment of conviction as to the remaining facts charged, and on the grounds that only the Defendant appealed on the part of the first instance judgment which found the Defendant guilty on the ground that

Therefore, since the part of the judgment of the court of first instance, which was not appealed by the defendant and the prosecutor, is separated and confirmed as it is, the part of the judgment of the court of first instance is excluded from the scope of the judgment of this court, and only the part of the judgment of the court

2. The punishment of each of the original judgment against the accused (No. 2,000,000, and fines No. 2:00,000) on the summary of the grounds for appeal is too unreasonable.

3. The judgment of the court below in the first and second trials on the defendant's ex officio judgment is rendered, and the defendant is not guilty of the judgment of the court below (excluding the part of not guilty of the judgment of the court below

The appeal was filed against the same kind of judgment (hereinafter referred to as the same), and this court decided to consolidate the appeal cases against each of the above judgment below.

Therefore, each crime of the first and second judgment against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court below cannot be maintained as it is.

4. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of each judgment of the court below, and thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;