(영문) 춘천지방법원 2018.09.21 2018노599 | 리걸엔진

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2018.09.21 2018노599

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of this case is that the Defendant, without a driver's license, committed a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) around June 2017, even though he/she committed a crime of violation of the Road Traffic Act (domination) around 2017, even though he/she was sentenced to a fine of KRW 7 million from among those who did not commit a crime of this case and committed a violation of the Road Traffic Act (domination) even though he/she committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) around 2017 (after being sentenced to a fine of KRW 7 million from among those who committed a crime of violation of the Road Traffic Act (after the above case), and again committed a crime of violation of the Road Traffic Act (domination) without being sentenced to a fine of KRW 7 million from among those who committed a crime of this case.

On the other hand, the circumstances are favorable to the defendant, such as the fact that the defendant seems to be against the defendant's recognition of the crime of this case, the degree of injury suffered by the victims was not serious, the court below agreed with the victim H and J, and the agreement with the victim F was reached in the trial.

In full view of the above circumstances and the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each corresponding column of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Each of the relevant Articles of the Act concerning the facts of crime;

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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-춘천지방법원 2018.11.16 2017노1271

-춘천지방법원 2018.07.20 2018노288

-제주지방법원 2018.01.11 2017노610