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(영문) 광주지방법원 2016.08.24 2016노1016
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All judgment of the court below shall be reversed.

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant 2’s decision on the original adjudication (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s 1th trial decision (two years of suspended sentence, two years of probation observation, one hundred and twenty hours of community service, and forty hours of lectures of compliance driving) is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal, this Court held ex officio each appeal case against the judgment of the court below jointly and tried. Each of the offenses committed by the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and a sentence should be imposed pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the above ex officio reversal grounds, and the judgment below is reversed in entirety, and it is again decided as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). The application of statutes is as follows.

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes related to the crime, Article 268 of the Criminal Act, Articles 148 and 54(1) (a) of the Road Traffic Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 3 subparag. 7 and 8 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Article 148-2 subparag. 1 and 4(1) (a) of the Road Traffic Act, Article 152 subparag. 1 and 43 of the Road Traffic Act, Article 3 subparag. 151 of the Road Traffic Act, the proviso to Article 2 of the Act on Special Cases Concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, and Article 148-2 subparag. 1 and 4(1) (b) of the Road Traffic Act;

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

1. Crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the option of punishment, and violation of the Road Traffic Act (unlicensed driving).

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