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(영문) 인천지방법원 2017.07.05 2016노2114
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

We reverse the judgment of the court below.

A defendant shall be punished by imprisonment for one year.

No evidence 1 to 4 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: 2 years of suspended execution and 40 hours of lecture in August, 200; 3 years of suspended execution and observation of protection, community service and 200 hours of confiscation in one year of imprisonment, and confiscation) that the court below sentenced to the defendant is undue.

2. We examine ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio.

The Court held that each appeal case against the judgment of the court below was consolidated and tried, and each offense against the defendant at the time of the judgment of the court below is a concurrent offense under the former part of Article 37 of the Criminal Act, and thus, should be punished as a single sentence within the scope of aggravated punishment in accordance with Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the prosecutor's improper assertion of sentencing, and the judgment of the court below is reversed, and it is again decided as follows after pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (referring to the injury caused by dangerous driving), Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol), Article 49 (4) 1, and Article 6 (3) 1 of the Electronic Financial Transactions Act (referring to the transfer of an access medium) concerning the crime; Articles 347 (1) and 32 (1) of the respective Criminal Act (referring to aiding and abetting fraud) concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between violations of the Electronic Financial Transactions Act committed at the same time);

1. Selection of each sentence of imprisonment;

1. Article 32(2) and Article 55(1)3 of the Criminal Act (with respect to aiding and abetting fraud), which is statutory mitigation;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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