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(영문) 의정부지방법원 2018.06.18 2017노3670
자동차손해배상보장법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable, as it is too unreasonable for the court below to have imposed the penalty (amounting to 500,000 won).

2. In the first instance trial, the prosecutor added “Article 37 of the Criminal Act: Provided, That Article 39(1) of the Criminal Act” to “Article 39(1) of the applicable law of this case; the first head of the facts charged of this case is that “the Defendant was sentenced to a suspended sentence of two years on April 1, 2016 and the judgment became final and conclusive on April 9, 2016” was added to “the Defendant was sentenced to a suspended sentence of six months by interfering with the performance of official duties at the Jung-gu District Court on April 1, 2016,” and the judgment of the court below is no longer maintained as the subject of the judgment was changed

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 improper assertion of sentencing, and the judgment of the court below is reversed and it is again decided as follows.

[Re-written judgment] The summary of the facts constituting an offense and the evidence admitted by the court below and the summary of the evidence are as follows: (a) in the first copy of the facts constituting an offense of the court below, the Defendant added “the Defendant was sentenced to two years of suspension of execution on April 9, 2016, by obstructing the performance of official duties, etc. by a District Court on April 1, 2016, which became final and conclusive on April 6, 2016; and (b) added “a copy of the judgment of 1.1 and the results of inquiries into consolidated cases” at the end of the evidence, and is as stated in each corresponding column of the court below (Article 369 of

1. Article 46 (2) 2 of the relevant Act and the main sentence of Article 8 of the former Guarantee of Compensation for Automobile Damages (amended by Act No. 12987, Jan. 6, 2015) for the crime committed, each of the following is applicable;

2. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

5. The automobile insurance for the reason of sentencing of Article 334(1) of the Criminal Procedure Act is subscribed to the insurance for automobile with the reason of provisional payment order.

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