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(영문) 부산지방법원 2018.12.14 2018노1563

도로교통법위반(무면허운전)등

Text

Part of the remaining crimes in the judgment of the court of first instance except for the crimes No. 1 and No. 2 in the judgment of the court of first instance, and 2.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (the 1st judgment: the 2 years and 6 months of suspended execution of 4 months for crimes as indicated in the judgment of the lower court; the 2 years and 6 months of suspended execution of 1 year and 4 months for the remaining crimes as indicated in the judgment; and the 2 years of suspended execution of 10 months for the 10-month suspended execution) is too unreasonable.

(b)each of the above types sentenced to the first instance judgment of the Prosecutor is deemed too unhued and unreasonable;

2. Ex officio judgment (the remaining crimes of the judgment of the court of first instance except for the crimes No. 1 and No. 2 as indicated in the judgment of the court below and the judgment of the court of second instance), prior to the judgment of the defendant and the prosecutor's grounds for appeal, the defendant ex officio examined the judgment of the court of first instance, and the prosecutor filed an appeal against the judgment of the court of first instance, and the pleading was combined at the trial of the court of second instance. The remaining crimes of the court of second instance except for the crimes No. 1 and No. 2 as indicated in the judgment of the court of first instance are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence shall be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, since the part of the judgment of the court of first instance except for the crimes of No. 1 and No. 2 as indicated in the judgment of the court of first instance among the defendant of the judgment of the court of first instance which sentenced a separate punishment

3. Of the judgment of the court below 1, the defendant's judgment on the unfair sentencing of the crimes Nos. 1 and 2 as stated in the judgment of the court below is against all the confessions of the crimes, the punishment should be determined in consideration of the equity between the case and the case of the judgment in which the judgment becomes final, and the defendant has reached an agreement with the victim K, etc., which are favorable to the defendant, as well as the circumstances that are favorable to the defendant, such as the fact that there has been several records of punishment for the same type of fraud, the amount of fraud reaches a total of KRW 50 million, the amount of recovery of damage, the fact that most of the damage was not recovered, and the failure to agree with the victim G, etc., and other circumstances unfavorable to the defendant, such as the defendant's age