(영문) 광주지방법원 2018.08.22 2018노1717 | 리걸엔진

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(영문) 광주지방법원 2018.08.22 2018노1717

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good, that the degree of alcohol level is high, the degree of injury suffered by the victims is considerably serious, and that no agreement has been reached with the victim K until the judgment was made, strict punishment against the defendant is required.

However, in consideration of the defendant's age, sex and environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable, since it is recognized that the defendant's punishment against the defendant is too unreasonable, the defendant's above argument by the defendant is justified. The defendant's above argument by the defendant is justified.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court are as follows, except for the deletion of 10 pages 3 of the judgment of the court below, and the summary of the evidence is as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes concerning the crime and Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the Selection of Punishment, etc., and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol);

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (Concurrent Punishment) of the Criminal Act shall be more severe.

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의11

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