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(영문) 대구지방법원 2013.03.22 2012노3119
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Each judgment of the court below shall be reversed.

Defendant shall be punished by imprisonment for a maximum term of one year and six months, by a short term of one year and a fine of 300,000 won.

Reasons

1. The summary of the grounds for appeal (in the first instance court: imprisonment with prison labor for a short term of 1 year and 4 months; a short term of 1 year and 300,000 won; the second instance court: imprisonment with prison labor for a maximum of three months; a short term of 2 months; a short term of 4 months; a short term of 2 months; and a short term of 2 months) are excessively unreasonable.

2. ex officio determination of ex officio, the first or third court rendered a separate sentence after the trial was completed for the defendant, and the defendant filed an appeal against each judgment of the court below, and the court of the trial decided to concurrently examine each of the above appeals cases.

Since each of the offenses committed by the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, it should be sentenced to a single sentence within the scope of punishment aggravated by concurrent crimes in accordance with Article 38(1) of the Criminal Act, each of the judgment below against the defendant cannot be exempted from reversal.

3. Thus, 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 defendant is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as shown in each corresponding column of the original judgment, and thus, they are quoted 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 under the corresponding provisions of the Act on the Criminal Crimes, Article 268 of the Criminal Act, Article 268 of the Criminal Act, Article 154 subparagraph 2, Article 43 of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 347 (1), and Article 30 of the Criminal Act, Article 347 (1), and Article 30 of the same Act, Article 268 of the same Act, Article 154 subparagraph 2, and Article 43 of the same Act, Article 152 of the Road Traffic Act, Article 329 of the Road Traffic Act, Article 329 of the Criminal Act, Article

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