logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.07.10 2019노1147
절도등
Text

The judgment below

The part concerning the third and fourth crimes in the judgment shall be reversed.

The judgment below

On the third and fourth crimes of judgment.

Reasons

1. The summary of the grounds for appeal (for the first and second crimes: imprisonment with prison labor for 4 months and fines of 300,000 won and fines of 300,000 won: imprisonment with prison labor for 4 months) of the lower court is too unreasonable.

2. Determination

A. In full view of all the circumstances under which the sentencing of the instant case was imposed, including the fact that the Defendant, in the part of the judgment of the first and second crimes, completed the execution of the sentence and re-offending the same kind of crime in a short period, does not seem to be unfair because the sentence sentenced to the first and second crimes in the judgment of the court below is too unreasonable. Therefore, the Defendant’s allegation on this part of

B. Although there are unfavorable circumstances that the part of the judgment against the crime Nos. 3 and 4 of the judgment of the court below regarding the defendant's non-exclusive driving is a crime that the defendant has inflicted an injury on the defendant due to a traffic accident while driving without a license, and the victim's injury is an extremely minor injury requiring medical treatment for two days, and the relation between the violation of the Road Traffic Act (unlicensed Driving) and the latter part of Article 37 of the Criminal Act (Article 37 of the Criminal Act) established on September 9, 2016, which are concurrent crimes with the crime of violation of the Road Traffic Act (Act No. 1435, Jun. 9, 2016) established on September 9, 2016, the court below's sentence against the crime Nos. 3 and 4 of the judgment of the court below as to the crime of this case, including equity

Therefore, the defendant's assertion of unfair sentencing is justified.

3. In conclusion, since the defendant's appeal against the crimes Nos. 3 and 4 in the judgment of the court below is well-grounded, this part of the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows. Since the defendant's appeal against the crimes Nos. 1 and 2 in the judgment of the court below is not justified, it is dismissed pursuant to Article 364

[Discrimined Reasons] Criminal facts and summary of evidence recognized by this court are separate from the crimes of Articles 3, 4 and 3 of the judgment of the court below.

arrow