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(영문) 인천지방법원 2014.12.24 2014노3802
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All the judgment below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months, and by a fine of three million won.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment against the Defendants of the lower court is too unreasonable.

2. In full view of all the sentencing conditions shown in the records and arguments of this case, and the facts that Defendant A did not have the same or more criminal punishment as imprisonment without prison labor or any heavier punishment, Defendant B was the first offender, and the Defendants agreed with the victims and recognized their depth of each crime, each punishment of the lower court is too unreasonable.

3. Accordingly, the Defendants’ respective appeals are with merit. Accordingly, the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act and the judgment is rendered again after pleading as follows.

Criminal facts

The summary of the evidence and the facts charged by the Defendants and the summary of the evidence admitted by this court are as stated in each corresponding column of the judgment of the court below, except for the alteration of the Defendants’ “1...... part of the Defendants’ respective legal statements (the part on which they were on board the vehicle at the time of the instant case)” to “1......... The above is cited pursuant to Article 369 of the Criminal Procedure

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes; Articles 151(1) and 31(1) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014; hereinafter the same shall apply); Articles 148-2(2)2 and 44(1) of the Road Traffic Act;

B. Defendant B: Article 151(1) of the former Criminal Code

1. Commercial concurrence: Articles 40 and 50 of the former Criminal Act of Defendant A;

1. Selection of the punishment, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Road Traffic Act, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes

1. Concurrent crimes: the former part of Article 37 of the former Criminal Act, Articles 38 (1) 2 and 50 of the former Criminal Act of Defendant A;

1. Detention in a workhouse: Articles 70 and 69(2) of the former Criminal Act of Defendant B;

1. Suspension: Defendant A;

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