(영문) 수원지방법원 2020.07.24 2020노1300 | 리걸엔진

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(영문) 수원지방법원 2020.07.24 2020노1300

특정범죄가중처벌등에관한법률위반(도주차량)등

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All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., punishment of KRW 5 million, fine of KRW 2 million, and fine of KRW 2 million) of the lower court is too unreasonable.

2. Each appeal case against the judgment below was consolidated in the judgment of the court of ex officio reversal following the consolidation. Since each of the above judgments constitutes concurrent crimes under the former part of Article 37 of the Criminal Act and should be sentenced to a single punishment in accordance with Article 38 of the Criminal Act, the judgment of the court below cannot be maintained any more.

Therefore, without examining the Defendant’s assertion of unfair sentencing, all the judgment of the court below under Article 364(2) of the Criminal Procedure Act is reversed, and the following judgment is rendered through pleading.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act, Articles 352, 347 (1), and 32 (1) of the Criminal Act, Articles 32 (2) and 55 (1) 6 of the Criminal Act, the latter part of Article 37 of the Criminal Act, Article 39 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the Punishment, etc. of Specific Crimes, Article 37, the former part of Article 38 (1) 2 of the Criminal Act, Article 50 of the Guarantee of Automobile Accident Compensation Act, Article 70 (1) and Article 69 (2) of the Criminal Act, the order of provisional payment under Article 34 (1) of the Criminal Procedure Act