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(영문) 창원지방법원 2016.05.18 2016노464
자동차관리법위반등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Seized articles 63, 64, 66 through 69.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. An ex officio judgment prosecutor applied for the amendment of an indictment to “the first order of June 2015,” “the first order of June 2015, 2015,” among the facts constituting an offense indicated in the judgment below, to “the first order of June 2014,” and this court permitted it and changed the subject matter of the judgment. The above part of the indictment should be sentenced to one punishment in relation to the remaining crimes as stated in the judgment of the court below and the concurrent crimes as defined in the former part of Article 37 of the Criminal Act. Thus, the judgment of the court below cannot be maintained in its entirety.

3. As such, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and the judgment of the court below is reversed without examining the defendant's unfair argument of sentencing.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by this court is identical to the judgment of the court below, and the summary of facts constituting an offense and evidence is cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where "2. Attempted charge of forgery of official seal among facts constituting an offense in the judgment of the court below is changed to "Attempted charge of forgery of 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .

Application of Statutes

1. Article 80 subparagraph 2 of the former Automobile Management Act (amended by Act No. 13686, Dec. 29, 2015) and Article 12 (3) of the same Act (amended by Act No. 13686, Dec. 29, 2015); Articles 240 and 238 of the same Act concerning criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 48(1)1 of the Criminal Code for the crime of this case lies in the confession of all of the crimes of this case, and there is any history of crime.

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