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(영문) 대전지방법원 2018.11.22 2017노3887
도로교통법위반(음주운전)등
Text

All judgment of the court below shall be reversed.

The defendant is a crime of No. 1 to No. 51 of the List of Crimes No. 2 in the judgment of the second instance.

Reasons

1. Summary of grounds for appeal;

(a) The punishment sentenced to the first and second depth of Defendant 1 (the first instance judgment: imprisonment with prison labor for six months, the second instance judgment: imprisonment with prison labor for three years and one year) is too unreasonable;

(b)the sentence sentenced to the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. Prior to the judgment on the existence of the grounds for ex officio reversal and the reasons for appeal by the defendant and the prosecutor, the defendant and the prosecutor filed an appeal against the judgment of the court of first instance, and the defendant filed an appeal against the judgment of the court of second instance against the judgment of the court of second instance, and the court of second instance decided to jointly examine

B. A prosecutor filed a motion to change the indictment as stated in Section 2 of the facts charged related to the judgment of the court below relating to the judgment of the court below No. 2 and the indictment to change the indictment as stated in the attached Table No. 2 and the attached Table No. 2. The subject of the judgment was changed by this court’s permission.

On the other hand, in the judgment of the court below in the second instance, each of the crimes in the attached Table 1 through 51, the crimes in the attached Table 2, the crimes in the attached Table 1 through 36, the crimes in the attached Table 2, the crime in the second instance, and the crimes in the first and second instance except for the crimes in the attached Table 3, the crime in the attached Table 1 through 17, and the above crimes in the second instance, shall be sentenced each of the crimes in the concurrent crimes under the former part of Article 37 of the Criminal Act, and in accordance with Article 38, Paragraph 1, of the Criminal Act, the judgment of the court below cannot be maintained in this respect.

3. The conclusion of the judgment below is that there are reasons for reversal of authority as above, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act, and the judgment below is reversed in entirety, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as follows. Section 2 in the column of the death of the crime subject to the second judgment shall be changed in attached Form 2 in attached Form 2.

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