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(영문) 광주지방법원 2017.05.16 2017노578
실종아동등의보호및지원에관한법률위반등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. On the other hand, the defendant asserts that the second instance court's punishment is too unreasonable because it is too large to impose a fine of KRW 3 million, KRW 200,00, and KRW 8 months, respectively) on the summary of the grounds for appeal, while the prosecutor asserts that all of the original court's punishment is too excessive and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, this Court decided to concurrently examine the appeal cases against the lower judgment. Each of the lower judgment against the Defendant is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and a single sentence should be imposed within the term of punishment increased by concurrent crimes in accordance with Article 38(1) of the Criminal Act. Thus, the lower judgment cannot be maintained.

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the above ex officio grounds for reversal, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 17 and 7 of the Act on the Protection of and Support for Children, etc. Missing from the Crimes, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, Articles 152 (1) and 43 of the Road Traffic Act (a point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment of a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving) and a violation of the Road Traffic Act (the punishment of a violation of the said Act) and a violation of the said Act with heavy punishment);

1. Selection of each sentence of imprisonment;

1. The latter part of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That Article 39(1) [the crime of violating the Road Traffic Act, which was finalized on December 2, 2016, and so on.]

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