logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.03.31 2015노3581
절도등
Text

The part of the judgment of the court of first instance and the judgment of the court of second instance shall be reversed in entirety.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The first instance court dismissed the prosecution concerning the violation of the Act on Special Cases concerning Traffic Accidents among the facts charged in the case of 2015 order 1160, 1567, 4620, 5433 (Joint) and convicted the remainder of the facts charged.

On the other hand, the defendant filed an appeal only against the conviction of the first instance judgment, and the prosecutor's failure to file an appeal and the dismissal of the above indictment was separated and finalized as it is.

Therefore, the scope of this court's adjudication is limited to the conviction part of the judgment of the first instance and the judgment of the second instance.

2. The summary of the grounds for appeal is too unreasonable that each sentence imposed by the court below on the defendant (the first instance court: imprisonment with prison labor for 10 months and the second instance court: imprisonment with prison labor for 4 months) is too unreasonable.

3. Prior to the judgment on the grounds for ex officio appeal, this Court decided to hold a joint hearing of each appeal case against the judgment of the court of first instance and the judgment of the court of second instance. Each of the offenses against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed within the scope of the term of punishment increased by concurrent offenses in accordance with Article 38(1) of the Criminal Act.

In this respect, all the judgment of the court below cannot be reversed.

4. Accordingly, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed in entirety, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the evidence admitted by this court is identical to the corresponding column of each judgment of the court below, except that the "victim P" in Article 4 of the facts charged in the judgment of the court of first instance as "the Z of the victim" in Article 369 of the Criminal Procedure Act. Thus, the summary of the facts charged and the evidence is cited in accordance with Article 369 of

Application of Statutes

1. Relevant Article 329 of the Criminal Code concerning the facts constituting an offense and Article 329 of the Criminal Code for the choice of punishment (abstinence and choice of imprisonment).

arrow