beta
(영문) 인천지방법원 2016.10.26 2016노3372

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) imposed by the court below is too unreasonable.

2. The judgment of the court below ex officio sentenced the defendant to eight months of imprisonment, but the court below decided that the defendant was sentenced to imprisonment or imprisonment without prison labor (in the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (or, however, in the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (or the case of punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Aggravated Punishment, etc. of Aggravated Punishment, etc. of Specific Crimes) and decided that the defendant was sentenced to imprisonment with prison labor under the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment).

Nevertheless, the lower court, without going through such a process, sentenced to a punishment exceeding the scope of the applicable sentences under law, is difficult to maintain the lower judgment as it is.

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

[Judgment which has been written]