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(영문) 인천지방법원 2017.01.18 2016노1993
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months and a fine of twenty thousand won.

The defendant above.

Reasons

1. The defendant who is not obligated to submit a written reason for appeal is not obligated to submit a written reason for appeal within 20 days from the receipt of a notice of receipt of the records of trial after filing each appeal against the judgment below, and the petition of appeal does not contain any reasons for

2. Examination ex officio prior to the judgment on the grounds for appeal by the defendant for an ex officio judgment.

A. The grounds for ex officio reversal due to the combination of cases involving appeal against the judgment of the court below were consolidated and tried, and each of the offenses in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, the judgment of the court below should be punished as a single sentence within the scope of punishment aggravated for concurrent crimes in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be

B. The prosecutor added "the forgery of private documents and the uttering of the above investigation document" to the name of the crime of the second judgment in the trial of the court below, and "Articles 231 and 234 of the Criminal Act" under the applicable law as stated in the facts charged. Paragraph (2) of the facts charged is changed as stated in the facts charged, and the amendment of Paragraph (3) of the facts charged was requested to be changed to Paragraph (4) of the facts charged. This court permitted this to be changed to the subject of the judgment.

In this respect, the judgment of the second court can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed in its entirety pursuant to Article 364 (2) of the Criminal Procedure Act, and it is again decided as follows, since there is a ground for reversal under the above authority, and it did not decide on the dismissal of appeal against the defendant on the ground that the defendant did not submit the reasons for appeal.

[Re-written judgment] The summary of the facts constituting the crime and the evidence admitted by the court and the summary of the evidence are as follows: (a) the facts constituting the crime of KRW 2 which was resolved in the judgment of KRW 2 is dismissed as follows; and (b) the facts constituting the crime of KRW 2 which was resolved in the judgment of KRW 2.

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