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(영문) 부산지방법원 2014.11.21 2014노3116
도로교통법위반(무면허운전)
Text

The judgment of the court below is reversed.

The defendant shall be punished by a fine of KRW 1,500,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 1.5 million imposed by the court below against the defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the record reveals that the Defendant was sentenced to eight months of imprisonment with prison labor on July 5, 201 by the Busan District Court for the crime of attack, etc. on November 11, 201, which became final and conclusive. On September 11, 2013, the Busan District Court sentenced two years and six months of imprisonment with prison labor on September 21, 2013 for the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) in the branch branch of the Dong branch of the District Court of Busan District Court, and can be recognized as having become final and conclusive on February 21, 2014. Since each of the above crimes and the instant crimes for which judgment became final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, the lower court’s judgment that did not take any such measures becomes unable to be maintained, taking into account whether to reduce or exempt the sentence.

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

Criminal facts

The summary of the facts charged and the evidence established by this court is as follows: "The defendant was sentenced to eight months of imprisonment with prison labor on July 5, 201 by the Busan District Court for the crime of attack, etc. on November 11, 201, and the above judgment became final and conclusive on September 21, 2013 due to a violation of the Punishment of Violence, etc. Act (a collective injury, deadly weapons, etc.) at the Busan District Court's Dong Branch branch branch branch branch branch, and on February 21, 2014, the above judgment became final and conclusive on February 21, 2014." The summary of the evidence added "1. summary of each case and a copy of each judgment" to the summary of the evidence as stated in each corresponding column of the judgment of the court below, and it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

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