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(영문) 수원지방법원 2017.02.10 2017노143
도로교통법위반(무면허운전)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. The respective punishment of the Defendant’s Defendant’s Defendant’s each sentence (No. 1: imprisonment with prison labor for April, and No. 2: imprisonment for a period of two years of probation, surveillance of protection, and community service order for August) is too unreasonable.

(b) The sentence against the accused of the first decision of the Prosecutor’s 1 is too unhued and unreasonable;

2. We examine ex officio the grounds for appeal by the defendant and the prosecutor prior to the judgment.

After the court of first and second trials completed separate hearings against the defendant, each of the above judgment of the court below was pronounced, and the defendant filed an appeal against the judgment of the court of first and second trials, and the prosecutor filed an appeal against the judgment of the court of first instance, and the court of first and second trials decided to jointly examine the above two appeals cases.

Each crime of the first and second judgment against the defendant shall be sentenced to a single sentence within the scope of the term of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below in the first and second judgment shall not be exempt from all reversal.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed, and the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without making any decision as to the unfair sentencing of the defendant and the prosecutor, and it is again decided as follows after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding column of the first and second judgments, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act concerning the facts constituting an offense;

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are recognized as all the crimes of this case, and the defendant operated.

E. Sale of vehicles.

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