(영문) 광주지방법원 2018.11.14 2018노2677 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.11.14 2018노2677

특수상해등

Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty thousand won.

The defendant above.

Reasons

1. The sentencing of the first and second judgments on the grounds of appeal is too inappropriate.

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant.

The first and second court sentenced the defendant to a separate trial with the Gwangju District Court 2018 High Court 2018 High Court 1902 High Court 2018 High Court 630 High Court 201 High Court 201 High Court 630 High Court , and the defendant filed an appeal against the judgment below, and this court decided to hold concurrent trials. Each crime of the first and second judgment against the defendant should be sentenced to a single sentence within the scope of punishment subject to aggravated concurrent crimes under Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from its reversal.

3. If so, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are identical to the facts 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. Article 258-2 (1), Article 257 (1) (a special injury) of the Criminal Act concerning the facts constituting an offense, Article 148-2 (2) 3, and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a non-licensed driving) concerning the facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and punishment provided for the crimes of violation of the Road Traffic Act, of which punishment is heavier);

1. Selection of a fine for a crime that violates the traffic laws at the option of punishment;

1. The Criminal Act for aggravated repeated crimes.

참조조문

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