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(영문) 부산지방법원 2017.06.23 2017노1318
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 2,500,000.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced to the first instance judgment (the first instance judgment) of the first instance judgment (the penalty amounting to KRW 1.5 million) is too unreasonable.

B. The lower court found the Defendant guilty of the charge of this case, although the Defendant did not have flickly damaged the victim’s grandchildren, etc., the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court below. Each of the offenses the judgment of the court below issued is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38 (1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above offenses cannot be maintained in this respect.

B. The lower court’s judgment on the assertion of mistake of fact that there is a ground for reversal as above, even if there is a ground for reversal ex officio, is still subject to the judgment of this court. Accordingly, in full view of the evidence duly admitted and examined by the first instance court, the Defendant’s damage to the victim’s hand at the location of the second instance judgment, which caused the injury to the number of days of treatment where the victim’s hand can be reduced by flaging the victim’s hand, etc. at the time of the second instance judgment

Therefore, the defendant's above assertion is without merit.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

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