(영문) 서울중앙지방법원 2016.04.28 2015노4555

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(영문) 서울중앙지방법원 2016.04.28 2015노4555

범인도피교사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of suspended sentence in six months of imprisonment) is too unfortunate and unfair.

2. The fact that the judgment defendant led to confession and reflects the crime of this case, and the driving distance is not long, is favorable to the defendant.

However, even though the Defendant was sentenced to a fine for driving alcohol and driving without a license several times from around 2005 to around 2007, he/she was sentenced to a suspended sentence for 4 months in 2008, and was sentenced to a suspended sentence for 2 years in 2008, and was sentenced to a suspended sentence for 6 months in 20, and was sentenced to a suspended sentence for 2 years in 2014, and was sentenced to a suspended sentence for 2 years in 2014, and was sentenced to a suspended sentence for 2014, and was sentenced to a fine on July 2014. Furthermore, the Defendant again committed the instant crime since 6 months have not passed thereafter, considering the following circumstances: (a) the Defendant’s age, sex, environment, motive for committing the instant crime, and circumstances favorable to the Defendant, the lower court, even if considering the circumstances favorable to the Defendant, committed the instant crime, and (b) even if it was found that there were many unfair conditions favorable to the Defendant.

An appeal by a prosecutor on unfair sentencing is justified.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Subparagraph 1 of Article 152 of the Road Traffic Act concerning facts constituting an offense;

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