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(영문) 광주지방법원 2014.11.13 2014노2182

절도등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment recognizes all of the crimes of this case. Among the crimes of this case, the victim's negligence appears to be unfair in the event of a traffic accident, etc. However, the defendant has already been punished four times (three times of imprisonment, one time of suspended execution), four times of driving without license (three times of fine, one time of suspended execution), and four times of suspended execution (one time of suspended execution). In particular, on September 9, 2009, the Gwangju District Court sentenced two years of suspended execution to four months of imprisonment without license and one time of suspended execution, which was sentenced to two months of suspended execution, but did not subscribe to a motor vehicle insurance in the same condition. As a result, even though the victim suffered injury necessary for comprehensive treatment of about 14 weeks, the defendant was locked until he was arrested for the larceny crime of this case, and the defendant was not able to recover from damage to the victim of this case, and the defendant's allegation that there was no reason for sentencing after the defendant's imprisonment with prison labor and all other circumstances that appear to be unfair after the crime of this case.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is reasonable.