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(영문) 청주지방법원 2019.06.27 2018노1438
재물손괴등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding two hundred thousand won.

The above fine shall be imposed on the defendant.

Reasons

1. The defendant's defense counsel stated that the facts charged in the violation of the Road Traffic Act (the measures not to be taken after accidents) in this case constitute a crime violating Article 148 and Article 54 (1) of the Road Traffic Act since it is obvious that only the parked vehicle damaged the vehicle through a statement of reasons for appeal filed after the deadline for appeal was too excessive. The defendant's defense counsel asserted that this part of the facts charged was changed to a crime violating Article 156 (10) and Article 54 (1) 2 of the Road Traffic Act, since this part of the facts charged were changed to a crime violating Article 156 (1

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the defendant, and the prosecutor applied for the amendment of the indictment with respect to the violation of Article 148 and Article 54 (1) of the former Road Traffic Act (amended by Act No. 156 subparagraph 10 of the Road Traffic Act) in terms of the violation of Article 156 and Article 54 (1) of the former Road Traffic Act (amended by Act No. 156 subparagraph 10 of the Road Traffic Act). This court permitted this and the subject of the judgment is changed. The above crime of the defendant and the remaining crimes of the court below as stated in the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus

3. In conclusion, the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal of the defendant, and the judgment below is reversed and it is again decided as follows.

[C] The summary of the facts of the crime and the evidence recognized by the court and the summary of the evidence are as follows. "Criminal facts" in the judgment below is 2. Road Traffic Act (unnecessary Measures) and the violation of the Road Traffic Act (Unlicensed Driving).

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