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(영문) 서울중앙지방법원 2015.09.25 2014노4285
일반교통방해
Text

1. All the original decisions shall be reversed.

2. The defendant shall be punished by imprisonment for six months;

3.Provided, That this judgment shall not apply.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s each sentence is too unreasonable because the Defendant’s each sentence is too unreasonable.

B. The prosecutor’s each sentence of the lower court is too uneasible and unreasonable.

2. We examine ex officio the defendant's grounds for appeal prior to judgment.

The court held that each appeal against the defendant was jointly reviewed.

Since the crimes of each joined case are concurrent crimes under the former part of Article 37 of the Criminal Act, one punishment should be imposed within the scope of the term of punishment aggravated for concurrent crimes in accordance with the example of Article 38(1) of the Criminal Act.

Therefore, the two decisions of the court below rendered on the defendant cannot be maintained any more.

3. If so, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's allegation of unfair sentencing, and it is again decided as follows through oral argument.

Since both the facts of the crime and the summary of the evidence recognized by the court, the facts of the crime and the summary of the evidence are as stated in the judgment of the court below, they are cited as they are in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning the facts of crime, Articles 185 and 30 of the Criminal Act, the choice of punishment, and the choice of imprisonment, respectively;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

3. Article 62 (1) of the Criminal Act (The following circumstances shall be considered for the reasons for sentencing).

4. Reasons for sentencing under Article 62-2 of the Criminal Act of community service order.

1. The conditions favorable to the defendant shall be as follows:

· The degree of participation is not hot.

· reflects his or her mistake.

2. The circumstances disadvantageous to the defendant shall be as follows:

· There have been several records of punishment for the same crime.

Even though he was in office during the suspended period, he again committed another crime.

3. The above defendant.

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