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(영문) 인천지방법원 2015.06.24 2014노4590
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence in the grounds of appeal No. 2014No4590 is too unhued and unreasonable.

B. The lower court’s sentence is too unhued and unreasonable as the reasons for appeal Nos. 2015No1584 (1) is unreasonable.

(2) The lower court’s punishment is too unreasonable.

2. Before making ex officio judgments on the grounds for appeal by the prosecutor and the defendant, this Court tried to jointly examine each appeal case against the judgment of the court below, and each of the offenses against the defendant in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained

Therefore, without examining the grounds for appeal on unfair sentencing by the public prosecutor and the defendant, the judgment of the court below is reversed ex officio under Article 364(2) and (6) of the Criminal Procedure Act, and the following is again decided upon through pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column 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. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, and the main sentence of Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Comprehensively taking account of the following factors: (a) the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act; and (b) the overall conditions of sentencing specified in the instant records and arguments; and (c) the Defendant committed the instant crime repeatedly during the period of repeated crimes.

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