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(영문) 인천지방법원 2018.05.09 2018노866
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the crime of aiding and abetting the name of the defendant, despite the fact that the defendant had been punished twice due to drinking, in spite of the recent history of the suspension of indictment for violating the Electronic Financial Transactions Act

However, considering various sentencing conditions in the records and arguments of this case, such as the fact that the defendant shows the attitude of recognizing and opposing his mistake, that the victim does not want to be punished by the defendant by paying a certain amount of money to the victim of fraud assistance in the past in the past and in the past in the past, and that the victim does not want to be punished by the defendant by the original agreement, that there is no profit acquired by the defendant by the crime of aiding and abetting the fraud, and that it is necessary to consider equality with the case where the judgment is rendered concurrently with the crime of violating the Road Traffic Act (driving) which became final

3. In conclusion, 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 with merit, and the judgment below is again ruled after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 148-2(1)1, Article 44(1) (a) of the Road Traffic Act (a repeated driving of drinking), Articles 347(1), 32(1) (a) of the Criminal Act, and Article 32(1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Article 32(2) and Article 55(1)3 of the Criminal Act for mitigation of aiding and abetting (with respect to aiding and abetting fraud), 1.

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