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서울남부지방법원 2012.12.27 2012노1588

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.


1. The summary of the grounds for appeal is unreasonable because the penalty (1.5 million won) of the original judgment is too unreasonable.

2. The judgment of the court below is justified by examining in detail all the circumstances, such as the defendant's age, character and conduct, family environment, occupation, and circumstances leading to the crime of this case, the motive and circumstances leading to the crime of this case, and the circumstances leading to the crime of this case, and the conditions of sentencing as shown in the oral arguments, are examined in detail as follows: (a) the driving of the vehicle is in a situation where the passage of the vehicle is difficult due to other vehicles set up on the front side of the house; (b) the driving distance is about five meters; (c) the driving distance is merely about five meters; (d) the confession and reflects his mistake; (d) there was no history of criminal punishment except for a minor fine sentenced once more than 30 years; and (e) the defendant's age, character, family environment, occupation, and circumstance leading to the crime of this case; and (e) the circumstances after the crime of this case, etc., the punishment of the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is justified.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. 1.5 million won of a fine for negligence, the sentence of which is suspended; and

1. Articles 70 and 69 (2) of the Criminal Act (50,000 won per day);

1. Article 59 (1) of the Criminal Act again for suspended sentence (Consideration of grounds for reversal);