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(영문) 광주지방법원 2013.03.27 2012노2132
도로교통법위반(무면허운전)등
Text

The remaining parts of the judgment of the first instance, excluding the rejection of application for compensation order, and the second judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 2’s punishment (fine 300,000) by the lower court is too unreasonable.

B. The first instance court’s sentence (Suspension of sentence) of the Prosecutor is too unhued and unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant and the prosecutor ex officio, the remaining parts of the first instance judgment excluding the rejection of an application for compensation order, and the second instance judgment cannot be maintained as there are grounds for ex officio destruction as follows.

(1) The first judgment of the court of first instance, where the defendant was an AO and was a juvenile under Article 2 of the Juvenile Act at the time of the first judgment of the court of first instance, but it is apparent that he was the adult in this court. Thus, the first judgment of the court of first instance, where the defendant mitigated from

② On December 4, 2012 and February 12, 2013, the prosecutor applied for the amendment of indictment by adding the contents of the facts charged in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes to the charges, and this Court permitted each of them, thereby changing the subject of the adjudication.

3. As such, the remaining part of the judgment of the court of first instance excluding the dismissed part of the application for compensation order, and the judgment of the court of second instance excluding the above dismissed part of the judgment of the court of second instance excluding the above dismissed part of the application for compensation order renders an ex officio reversal without examining the prosecutor and the defendant's assertion

Criminal facts

The summary of the facts constituting the crime and the evidence admitted by this court is as follows. The summary of the facts constituting the crime in the first instance judgment is added as follows. The summary of the evidence added 1. AP, Q, AJ, and R to the summary of the evidence in the first instance judgment, except for the addition of 1. AP, AP, AJ, and AR to the summary of the evidence in the first instance judgment, and therefore, it is identical to each corresponding part of the judgment of the court below.

[Supplementary to the criminal charge column of the first instance judgment]

(f)on September 6, 2012, together with AS, around 23:35.

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