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(영문) 청주지방법원 2015.08.21 2015노414
도로교통법위반(사고후미조치)등
Text

The part concerning each of the Defendant C in the judgment of the court below and the judgment of the court below of Second Instance shall be reversed.

Defendant

C. Imprisonment.

Reasons

1. The summary of the grounds for appeal Nos. 1 and 2 of the judgment of the court below against the defendants (No. 10 months of imprisonment (No. 10 months of imprisonment), imprisonment of four months (No. 2), imprisonment of one year and four months (No. 1), imprisonment of one year and six months (No. 20), and imprisonment of one year and six months (No. 20), and defendant D: imprisonment of four months (No. 200)) are too unreasonable.

2. Determination

A. The judgment ex officio on Defendant C’s grounds for appeal is examined ex officio prior to the judgment on the grounds for appeal by Defendant C.

Defendant

As the judgment of the court below is separately sentenced to C, Defendant C filed an appeal against the judgment of the court of first instance and the judgment of the court of second instance, and this court decided to hold concurrent hearings of each of the above appeal cases. Each of the offenses against Defendant C is concurrent crimes under the former part of Article 37 of the Criminal Act, and thus one of the offenses against Defendant C shall be sentenced to one punishment under Article 38(1)

Accordingly, among the judgment below, the part against Defendant C among the judgment below can no longer be maintained as it is.

B. The judgment on the grounds of appeal by the Defendant Z seems to have recognized all of the instant offenses and divided the errors in depth.

In addition, the defendant reached the judgment of the court below and the trial court, and agreed with four of nine victims of larceny.

Furthermore, the following should be considered in favor of the defendant: the defendant is the disabled in the third degree of intellectual disability; the parent of the defendant is suffering from a certain physical disability as a recipient of basic living security; and the economic situation and health status have not been improved.

However, each of the crimes of this case committed by the Defendant, without being familiar with the Defendant during the repeated crime period, theft of money and valuables by entering a restaurant, office, etc., and driving a vehicle at a parking lot without a driver’s license, which was equipped with the vehicle without being aware of, and the punishment of the illegality of the act is not against the law.

In particular, the Defendant steals things as in the instant case.

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