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(영문) 의정부지방법원 2015.03.18 2014노1444
절도등
Text

All judgment of the court below shall be reversed.

Defendant shall be punished by a fine of KRW 20,000,000.

The above fine shall be imposed on the defendant.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to each punishment (the first instance court: the fine of 6,000,000 won, the second instance court: the fine of 9,00,000 won) is too uneased and unreasonable.

2. Before deciding on the grounds for appeal by the prosecutor of the judgment, this Court tried to consolidate each appeal case against the defendant, and each offense in the judgment of the court below is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and should be punished as a single sentence within the scope of punishment aggravated pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be maintained any more.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the prosecutor's allegation of unfair sentencing, and it is so decided as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are the same as the corresponding column of the judgment of the court below, except for the correction of the "F of the damaged vehicle" in Section 2, Section 11 of the judgment of the court of second instance as "F of the disabled vehicle." Thus, it is accepted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 329 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take measures after the accident) of the relevant Act;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act between the crimes of violation of each Act on the Aggravated Punishment, etc. of Specific Crimes and the crimes of violation of each Act on the Aggravated Punishment

1. Selection of each alternative fine for punishment;

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

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