(영문) 서울동부지방법원 2013.03.28 2013노52

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울동부지방법원 2013.03.28 2013노52

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

A person shall be punished by imprisonment with prison labor for one year for each crime set forth in paragraphs (1), (2) and (4) of the judgment of the defendant.

(b) the defendant;

Reasons

1. The summary of the grounds for appeal (e.g., 1, 2, and 4) of the lower court’s punishment (e.g., 1 year and 6 months of imprisonment, and 2 months of imprisonment) is too unreasonable.

2. Although the Defendant had had been already punished for multiple crimes of fraud, the Defendant committed the instant fraud in the same manner with the victims, and the crime of escaping without any rescue and relief measures to injure people by driving a motor vehicle under the influence of alcohol without a driver’s license. In particular, the Defendant committed each of the crimes under Articles 1, 2, and 4 of the judgment during the period of repeated crime as long as he/she was released from prison to the crime of violating the Employment Security Act, and the Defendant was detained during flight without a trial. In light of the fact that he/she was detained during flight, it is necessary to punish the Defendant with strict punishment.

However, in light of the overall conditions of sentencing as shown in the records and arguments such as the age, character and conduct and environment of the defendant, motive or circumstance of the crime, means and result of the crime, etc., the sentence of the court below is somewhat excessive, considering the following: (a) the defendant was under confinement for more than 8 months up to the trial; (b) the victim H, who was under the family of the defendant, withdrawn the intent to punish the defendant and withdraws the complaint; (c) the victim N who was in the family of the defendant at the trial, which was in the family of the defendant, does not have been punished by agreement with the defendant; (d) the defendant must support the two children and the mother; (e) the crime of Article 3 of the judgment of the court; (e) the crime of the judgment of the court below should be considered together with the crime of fraud; and (e) other conditions of sentencing as shown in the records and arguments,

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again.

Criminal facts

b) the summary of the evidence and evidence.

참조조문

-직업안정법

-형사소송법 제364조 제6항

유사 판례

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