(영문) 창원지방법원 2018.01.25 2017노3044 | 리걸엔진

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(영문) 창원지방법원 2018.01.25 2017노3044

범인도피교사등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. On January 10, 2017, when the defendant was found to have been sentenced to a fine on one occasion due to driving under drinking alcohol, driving under drinking alcohol, driving without a license, etc., and the defendant was found to have been sentenced to a sentence of imprisonment with prison labor for not more than ten months and not more than four months after being sentenced to a two-year grace period for the crime of either preparing electronic documents in his/her name or using the signature by forging it in his/her name and causing a contact with the defendant C, who is the seat of the defendant, after leaving the scene, made him/her make a statement as if he/she had caused an accident at an investigative agency after leaving the site, in view of the fact that the crime and the nature of the crime are not good.

However, in light of all the circumstances, considering the fact that the defendant recognized the crime, the physical damage of the victim of traffic accident appears to have been restored, the defendant scrapped the vehicle driven by the defendant, the defendant supports the mother and child of the child living alone, when the sentence of the court below becomes final and conclusive, the defendant shall be punished by imprisonment with prison labor for a period of one year and eight months by the invalidation of the above suspended sentence, and the defendant shall be punished by imprisonment with prison labor for a period of more than one year and eight months, and other various circumstances, including the defendant's age, environment, sex, criminal conduct, circumstances before and after the crime, and circumstances before and after the crime, it is deemed unfair by a sentence imposed by the court below.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

(b).

유사 판례

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