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(영문) 인천지방법원 2019.07.19 2019노825
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

We reverse the judgment of the court below.

Defendant shall be punished by imprisonment with prison labor for a maximum term of one year and eight months, and one year and two months.

Nos. 2, 3, 4 of seized evidence.

Reasons

The summary of the grounds for appeal (unfair form of punishment) of Defendant 1 (the first instance court: the short-term one year and the second instance court in the short-term one year and six months in the long-term one year and six months in the long-term eight months) is too unreasonable.

The sentence of the court below of the second instance is too uneasible and unreasonable.

In regard to the judgment of the court below, the prosecutor filed each appeal against the second judgment of the court below, and the court decided to concurrently examine the above appeal cases.

Each of the judgments of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and a sentence shall be imposed within the scope of a limited term of punishment pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing, and it is again decided as follows.

[C] The summary of facts and evidence admitted by the court is identical to the corresponding column of the judgment of the court below, except for the case where the "victim B" of the first instance court No. 3 is changed to "victim AE", and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes under the corresponding provisions of the Act on the Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act (including the unlawful use of stolen cards), Article 329 of the Criminal Act, Article 329 of each Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 152 subparagraph 1 and 43 of the Road Traffic Act, Article 330 of each Criminal Act, Article 342 of the Criminal Act.

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