logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.12.21 2016노3794
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. Although the court below sentenced the defendant to a six-month imprisonment, it decided that the defendant was sentenced to a punishment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, the violation of the Road Traffic Act and the violation of the Road Traffic Act (However, the crime of violation of the Road Traffic Act as mentioned above shall be subject to the punishment following the regular concurrence of crimes), and then, the court below should have reduced the minimum sentence in accordance with the conditions as prescribed by the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes (the crime of violation of the Road Traffic Act as mentioned above) for which the punishment is heavier than that of the latter, but one year has passed since the lower court sentenced the defendant to a six-month imprisonment.

Nevertheless, the lower court, without going through such a process, sentenced to a punishment exceeding the scope of the applicable sentences in law, cannot be maintained as it is.

3. Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment of the court below, except in the following cases: therefore, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Part 1, Parts 17 through 2 of the judgment of the court below are as follows. The defendant's summary order at the Incheon District Court on May 29, 2007, which is a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and a fine of KRW 1 million from the Suwon District Court on February 27, 2009 to the same crime.

arrow