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(영문) 인천지방법원 2014.07.23 2014노1931
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All the judgment below is reversed.

Defendant

A Imprisonment of 10 months, Defendant B's imprisonment of 4 months, and Defendant C shall be punished.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence against the Defendants is too unreasonable.

2. All of the sentencing conditions shown in the records and arguments of the judgment of this case and the defendant A, after being sentenced to the suspension of the execution of imprisonment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes on around 2004, had not been sentenced to imprisonment without prison labor or more for the same kind of crime, and agreed with the victim. In full view of the facts that the defendant B was the first offender and the defendant C also has no criminal record other than the criminal record due to the crime committed against the

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is therefore justified, and the judgment below is ruled as follows.

Criminal facts

The summary of the evidence and the criminal facts of the Defendants recognized by this court and the summary of the evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Defendant A: Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 (1), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act: Defendant C of Articles 151 (1) and 31 (1) of the Criminal Act; Article 151 (1) of the Criminal Act

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

1. Defendant A and B who choose the punishment: Imprisonment with prison labor; and

1. Concurrent Handling: The latter part of Article 37 and Article 39 (1) of the Criminal Act of Defendant C;

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

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act of Defendant A (see, e.g., Supreme Court Decision on Grounds for Appeal);

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

1. Suspension of execution: Article 62 (1) of the Criminal Act (including the above reasons, etc.);

1. Orders to provide community service or attend lectures:

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