logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.02.18 2018노7541
자동차관리법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The judgment of the court below is unreasonable in light of the following: (a) the Defendant committed the instant crime against all of the confessions during the trial; (b) interference with the business of “2017 Go-Ma1568”; (c) damage; and (d) agreement with the victim H of defamation; and (e) the Defendant’s age, character and conduct, environment; (d) motive and circumstance leading to the instant crime; and (e) circumstances leading to the instant crime, etc. after the commission of the crime.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the appeal is again ruled as follows.

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below. Thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 81 subparagraph 1 of the Automobile Management Act, Article 10 (2) of the same Act, Article 238 (1) of the Criminal Act, Article 238 (2) and Article 238 (1) of the Criminal Act, Article 78 subparagraph 2 of the Automobile Management Act, Article 71-2 of the Criminal Act, Article 331-2 of the Criminal Act, Article 46 (2) 2 of the Automobile Accident Compensation Guarantee Act, the main sentence of Article 8 of the Automobile Accident Compensation Act, Article 314 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 307 (2) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 360 (1) of the Criminal Act, Article 362 of the Criminal Act, Article 37 (2) of the Criminal Act, Article 37-2 of the Act concerning the punishment of joint use of computer fraud, Article 37 (2) of the Criminal Act, Article 37-2 of the Punishment of the Act, etc.

1.Article 40 of the Criminal Code of Trade and Trade.

arrow