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(영문) 대전지방법원 2014.02.20 2014노62
공문서부정행사등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. We examine the judgment, and each of the crimes of this case is driving under the condition that the defendant's driver's license was revoked.

In light of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, the sentence imposed by the court below against the defendant is too unreasonable, and therefore, the defendant's above argument is reasonable, since it is recognized that the defendant's driver's license was presented as a result of a crackdown on the safe labelling line, and the defendant has a record of being punished as a same crime, but the defendant has no record of being sentenced to a suspended sentence or higher, the defendant's non-offending is against the defendant, and the defendant does not repeat the crime.

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 230 of the Criminal Act, the choice of punishment for the crime, Article 230 of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution ( normal consideration in favor of the above judgment);

1. Order to attend lectures under Article 62-2 of the Criminal Act;

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