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(영문) 부산지방법원 2019.07.19 2019노642
특정범죄가중처벌등에관한법률위반(위험운전치상)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 (ten months of imprisonment, two years of suspended execution, and 120 hours of community service order) declared by the court below is too unhued and unreasonable.

2. In light of the defendant's age, character and behavior, environment, number of victims, circumstance of the crime of this case, circumstance before and after the crime of this case, etc., the court below's punishment is unfair because it is too unreasonable, considering all sentencing factors in the records and arguments, such as the defendant's age, character, environment, victim's number, circumstance of the crime of this case, circumstance before and after the crime of this case, etc., and all of the sentencing factors in the records and arguments, such as the fact that the defendant committed the crime of this case again despite the fact that he was sentenced to a fine due to drinking driving in the previous case.

Therefore, the prosecutor's argument of unfair sentencing is justified.

3. Accordingly, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence. Thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 15891, Dec. 18, 2018; Act No. 15891, Feb. 18, 2018); Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act; Article 152 subparagraph 1, and Article 43 of the former Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trade between the crimes of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, the crimes of the Road Traffic Act and the crimes of violating the Road Traffic Act);

1. Imprisonment with prison labor for each choice of punishment;

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