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(영문) 인천지방법원 2016.06.15 2016노1266
자동차손해배상보장법위반
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to 500,000 won) imposed on the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, the records of this case show that the defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court on May 30, 2014 and the above judgment became final and conclusive on July 25, 2014 (hereinafter “final and conclusive judgment No. 1”). On December 2, 2015, the Incheon District Court was sentenced to two months of imprisonment with prison labor and eight months of imprisonment with prison labor at the Incheon District Court on April 18, 2016 (hereinafter “final and conclusive judgment”). The above judgment became final and conclusive (hereinafter “final and conclusive judgment”). The crime of eight months of imprisonment with prison labor among the final and conclusive judgment No. 2 is similar to the crime of this case, as in the crime of this case, and the crime of this case committed before the final and conclusive judgment No. 2 after the final and conclusive judgment No. 1 is established.

Therefore, since the crime of this case and the crime of this case and the crime of this case, which were sentenced to eight months of imprisonment in final judgment among the crimes of this case, are concurrent crimes under the latter part of Article 37 of the Criminal Act, a sentence shall be imposed in consideration of equity and the case where a judgment is rendered at the same time pursuant to the main sentence of Article 39 (1) of the Criminal Act, the judgment of the court below cannot be maintained (On the other hand, according to the records of this case, since the crime of this case, which was sentenced to two months of imprisonment in final judgment, cannot be sentenced at the same time as the crime of this case committed after the final judgment became final and conclusive, and there is no relation between the crime of this case and the latter part of Article 37 of the Criminal Act, since the crime of this case cannot be sentenced at the same time as the crime of this case committed after the final and conclusive judgment becomes final and conclusive.

[Re-written judgment] The summary of facts constituting an offense and evidence acknowledged by the court is as follows: (a) the summary of facts constituting an offense and evidence is stated in the column of “criminal facts” under the judgment of the court below (hereinafter “criminal facts”).

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