특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the first instance is reversed.
As to the crime No. 1 of the judgment of the defendant, the crime No. 2 through No. 5 of the judgment shall be punished by imprisonment.
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (two months of imprisonment with prison labor for the first offense, and ten months of imprisonment with prison labor for the second or five crimes in the holding), is too unreasonable;
2. The defendant, who purchased land and acquired money by deceiving victims D and G who did not complete the registration of ownership transfer, by deceiving them to conduct the registration of ownership transfer, and the nature of the crime is poor. On March 22, 2011, the Busan District Court sentenced one year of suspended execution to imprisonment with prison labor for fabrication of public documents, etc. at the Dong Branch Branch Branch of Busan District Court, which was sentenced to two years of suspended execution from the court, but did not know about the crime of fraud, drinking, unlicensed driving, etc. against victims G during the grace period and caused poor quality of the crime. On July 11, 2007, the Busan District Court sentenced two years of suspended execution to imprisonment with prison labor for the violation of the Road Traffic Act in August 2, 2007, it is recognized that there was a high possibility of repeatedly criticism of drinking and unlicensed driving, and that the degree of blood alcohol alcohol level of normal driving has reached 0.276%, and thus, it is recognized that the sentencing of the victim caused the injury to K during the three week period of the injury.
However, there are more favorable factors for sentencing, such as the fact that the defendant recognized the crime of this case, the fact that he suffers from dementia, the fact that he supports the mother and his children, the economic situation of the defendant is difficult, the victim K and G have agreed smoothly with the victim during the investigation process, and that the victim D and G have agreed smoothly with the victim for the first time in the trial, and the crime of fraud against the victim D was committed two years of suspended sentence for one year due to the crime of forging public document, etc., and the judgment was finalized before the judgment became final and conclusive. As seen earlier, there are more favorable factors for sentencing, such as the fact that the punishment should be determined when the defendant was prosecuted for concurrent crimes together with the crime of forging public document.
. The above.