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(영문) 의정부지방법원 2020.06.12 2019노3668
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

The seized District Prosecutors' Office.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, for six months, and for confiscation) that the judgment of the court below rendered is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant ex officio, the defendant filed an appeal in full against the whole of the judgment below, and the trial court decided to hold concurrent hearings of each of the above appeal cases. Since all of the above facts of the judgment of the court below are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be rendered at the same time and a sentence should be imposed, and the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows, without examining the defendant's assertion of unfair sentencing, on the grounds of the above ex officio reversal.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below. 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 related to the crime, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Articles 258-2 (1) and 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes, Crimes under the Road Traffic Act, and Crimes under the Act on the Aggravated Punishment, etc. of Specific Crimes, which are more severe punishment);

1. Selection of imprisonment with prison labor for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes;

1. The former part of Article 37 of the Criminal Act among concurrent crimes;

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