logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.03.23 2016노4320
도로교통법위반(무면허운전)등
Text

Of the judgment of the court below and the judgment of the court below of 1, 1. A. 2, 3, 1. b, c, and d, each of the crimes in the judgment of the court below and the judgment of the court of 2.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to each punishment (the imprisonment of 6 months for the first instance court, 200 won for the second instance: 1. A. (1) and 2 of the judgment of the court below, 1. A. (2), 3 and 1.b. for each crime of 8 months, 2.3, 3 and 2 of the judgment of the court below, 2.5 million won for each crime of 1.1. (1) and 2 of the judgment of the court below is too unreasonable.

2. The Defendant filed an appeal against the judgment below Nos. 1 and 2, respectively, and the appellate court decided to hold concurrent hearings of each appeal against the judgment below Nos. 1 and 2.

However, since each crime listed in subparagraphs 1. A. (1) and 2 of the judgment of the second instance was sentenced to imprisonment for one year due to a separate attack, etc. and the judgment became final and conclusive on or before January 3, 2014, the crime listed in the judgment of the first instance, and the crime listed in the judgment of the second instance, 1. A. (2), (3), and 1.b. (3), (c), and (d) of the judgment of the second instance, and each crime listed in the former part of Article 37 of the Criminal Act must be sentenced to a separate sentence.

Therefore, I examine the defendant's appeal below in dividing it into the part of the crime before the above final judgment and the subsequent part of the crime.

A. The following facts are the circumstances favorable to the Defendant: (a) the Defendant’s judgment on each part of the crimes listed in Articles 1. A. (1) and 2 in the judgment of the second instance; and (b) each of the above crimes is likely to be committed by committing a crime; (c) the crime of conflict, which became final and conclusive on January 3, 2014; and (d) a group of concurrent crimes after Article 37 of the Criminal Act, which ought to be considered at the same time with the case where the judgment was completed.

On the other hand, in full view of the unfavorable circumstances such as the fact that the defendant takes money from the damaged person using his status as a reporter and the long-term operation of an automobile not covered by mandatory insurance, etc., and all of the sentencing conditions in the records and arguments, including the defendant's age, environment, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

(b) the crime in the judgment of the first instance and the crime in the second instance as well as 1. A. 2, 3, 1.b. c. in the judgment of the second instance;

arrow