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(영문) 서울동부지방법원 2019.02.13 2018노982
자동차손해배상보장법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., a fine of 400,000 won) by the lower court are too unreasonable.

2. Determination

A. According to the arguments and records of the instant case regarding the grounds for appeal, the lower court appears to have reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

B. A correction of indictment and ex officio correction of indictment 1) pursuant to the indictment at the trial of the court of first instance, ① “16 times” under the second sentence No. 4 of the judgment of the court below as “13 times”; ② “net 3 and 4” under the annexed Table No. 2 as “net 2”; “net 5” as “net 3”; “net 6” as “net 4; “net 9, 8” as “net 6”; “net 10” as “net 7; “net 111” as “net 8”; “net 12” as “net 9”; “net 12” as “net 10; and “net 13” as “net 10 times” under the annexed Table No. 2 as “net 10; and “the Seoul High Court Order No. 1411, Dec. 15, 201,” and “the Seoul High Court Decision No. 2015Da11615, Nov. 15, 2019, 2014”.

(2) On May 24, 2016, the Defendant was sentenced to four months of imprisonment for fraud and two years of suspended execution at the District Court of the Republic of Korea on June 1, 2016, and the said judgment became final and conclusive on June 1, 2016 (hereinafter “final and conclusive judgment”).

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