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(영문) 대구지방법원 2013.11.21 2013노1802
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (the first instance judgment: 10 months of imprisonment, 2 years of suspended sentence, 80 hours of community service and 40 hours of law-abiding lecture, 20 hours of imprisonment, 10 months of suspended sentence, 2 years of suspended sentence, 120 hours of community service and 40 hours of law-abiding lecture) that the original judgment pronounced by the original court is too unreasonable.

2. The Court ex officio rendered a consolidated examination of each appeal against the judgment below.

Each crime in the holding of the court below is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed in accordance with Article 38(1) of the Criminal Act.

The judgment of the court below has reasons for ex officio destruction.

The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, without proceeding to decide on the grounds for appeal by the defendant, and the judgment is again ruled as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by the court are the same as the entries in each corresponding column of the judgment below. Thus, all of the judgment below are cited 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, Articles 148, 54 (1) of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes on January 14, 2013) are imposed on the crimes of violation of the Road Traffic Act (Aggravated Punishment, etc. of Specific Crimes) and the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) among the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) on the same day as the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc.

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