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(영문) 청주지방법원 2017.02.16 2016노1203

도로교통법위반(음주운전)

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below (2,00,000 won) on the summary of the grounds of appeal is too unreasonable.

2. Before determining the grounds for appeal ex officio, based on the evidence, the Defendant received ex officio an order to complete a sexual assault treatment program for one year and six months (Cheongju District Court 2014No. 1179) and 80 hours of imprisonment on January 16, 2015, on the ground that the said judgment became final and conclusive on April 9, 2015.

However, in cases where the punishment of this case is determined pursuant to Article 39(1) of the Criminal Act as the crime of indecent act, etc. committed by the Defendant, which became final and conclusive, constitutes concurrent crimes after Article 37 of the Criminal Act, punishment should be imposed in consideration of the equity between the cases where the Defendant and the case where the Defendant tried simultaneously with the final and conclusive crime of indecent act.

Nevertheless, the court below neglected this, so the judgment of the court below is no longer maintained in this respect.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, since there is a ground for reversal ex officio as above, and the judgment below is reversed, and it is again decided as follows through pleading.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court below and the summary of the evidence are as follows: “The defendant was ordered to complete a sexual assault treatment program for one and half years of imprisonment and 80 hours on January 16, 2015 due to forced indecent act, etc.; the above judgment became final and conclusive on April 9, 2015; and “1. previous conviction: Defendant’s legal statement at the trial of the court of first instance” is the same as the corresponding column of the judgment of the court below, except for addition of “1. previous conviction: Defendant’s legal statement at the trial of the court of first instance” in the column of the evidence, and thus, it is cited as it is in accordance with Article 369 of

Application of Statutes

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes, provided that Article 39.