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(영문) 전주지방법원 2020.09.17 2020노652
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. When a sentence is rendered ex officio, the facts of crimes, summary of evidence, and application of the Act and subordinate statutes must be clearly indicated in the reasons for the judgment (Article 323(1) of the Criminal Procedure Act). Since the court below erred by omitting the applicable provisions of the Act and subordinate statutes concerning the above crimes while recognizing all guilty of each of the crimes causing damage to special property against the defendant, and thereby affecting the conclusion of the judgment, the judgment of the court below cannot be maintained any more

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground that the above grounds for reversal are established ex officio. It is so decided as follows.

[Dac] The summary of the facts of crime and evidence recognized by this court is the summary of the facts of crime and evidence, and the "criminal fact" means the "N clan" of the third defendant 1 as the "X clan" and 13, 17,27 of the evidence records of the 2020 Mandan626 case, referring to the "X clan" and the corresponding column of the judgment of the court below. Thus, it is identical to the corresponding column of the court below. Thus, it is accepted as it is in accordance with Article

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 and 54 (1) of the Road Traffic Act, Articles 148-2 (2) 3 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 369 (1) and 366 of the Criminal Act concerning the crime at issue;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes and the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Road Traffic

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