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(영문) 서울중앙지방법원 2017.05.02 2017노205
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 700,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unfair because the punishment (amounting to 700,000 won) imposed by the court below is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the defendant, according to the records, the defendant was sentenced to one year of imprisonment and 600,000 won for a violation of the Narcotics Control Act at the Seoul Central District Court on October 13, 2016, and the judgment became final and conclusive on December 30, 2016. Thus, the crime of violation of the Narcotics Control Act (fence) and the crime of this case, for which the judgment became final and conclusive, shall be sentenced in consideration of the case of concurrent crimes under Article 39(1) of the Criminal Act, since the crime of violation of the Narcotics Control Act (fence) and the crime of this case are concurrent crimes after Article 37 of the Criminal Act and the case of this case, a sentence shall be imposed in consideration of equity and the case

3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment of the court below is reversed, and the following is again decided after pleading.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court was sentenced to imprisonment with prison labor for one year and 600,000 won for violation of the Narcotics Control Act at the Seoul Central District Court on October 13, 2016 and the judgment became final and conclusive on December 30, 2016.

“A previous conviction in the judgment of the court below” is added, and “A person walking on the right side of the proceeding” is corrected to “A person walking on the right side of the proceeding” as “A person walking on the right side of the proceeding,” and the summary of the evidence is the same as the entry in each corresponding column of the judgment of the court below, except for a change to add “a previous conviction in the judgment of the court below: the search details of the case, and each written judgment” to the summary of the evidence. As such, it

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act;

1. The Criminal Act dealing with concurrent crimes;

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