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(영문) 수원지방법원 2018.12.21 2018노6983
자동차관리법위반
Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for one month for a crime as set forth in the judgment of the court below.

Reasons

1. Summary of the grounds for appeal (Article 1-1 (A) of the judgment of the court below: Imprisonment with prison labor for two months and Article 1-1 of the judgment of the court below;

(b)Offences and offences of paragraphs 2: imprisonment with prison labor for up to 10 months) are too unreasonable;

2. 1-A. The lower court applied Article 79 subparag. 5-2 and Article 35 of the Automobile Management Act to the facts constituting the crime of Paragraph 1-A as indicated in the judgment below.

Therefore, Article 79 subparagraph 5-2 of the current Automobile Management Act (a statutory penalty of not more than three years, or a fine of not more than 30 million won) is amended by Act No. 1393 on January 28, 2016 and implemented from that date. As such, Article 80 subparagraph 4 of the former Automobile Management Act (a statutory penalty of not more than two years or a fine of not more than 20 million won) shall apply to the above criminal facts committed by a defendant before it.

Therefore, the above part of the judgment below cannot be maintained as it is.

2) The prosecutor of Paragraph 2 of the crime in the judgment of the court below applied for the modification of the indictment to exchange this part of the facts charged, and since this court permitted the modification of the indictment, this part of the judgment below cannot be maintained as it is.

3. Conclusion: (a) and (2) of the facts constituting a crime in the judgment of the court below, there are grounds for ex officio reversal as above; and (2) of the facts constituting a crime in the judgment of the court below, in relation to the concurrent crimes under Article 1-2(b) of the Criminal Act and the former part of Article 37 of the Criminal Act, one punishment should be imposed; (b) therefore, the judgment of the court

Therefore, the judgment of the court below is omitted, and the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment is again ruled as follows.

[Grounds for the judgment below] The facts constituting a crime and summary of evidence acknowledged by the court below and summary of evidence are identical to those stated in each corresponding column of the judgment below, except where "as stated in paragraph 1-b" is deemed "as stated in paragraph 1-3 of the judgment below's facts constituting a crime."

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