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(영문) 광주지방법원 2020.06.09 2019노2293
폭행등
Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

The third judgment of the court below.

Reasons

1. Summary of grounds for appeal (existence of grounds for appeal and unreasonable sentencing)

A. The lower court of the first instance judgment rendered a judgment while the Defendant did not appear in the court pursuant to Article 23 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (hereinafter “Litigation Promotion Act”), but the Defendant was unable to appear in the court proceedings due to any cause not attributable to himself/herself, and thus, there are grounds for requesting a retrial under Article 23-2(1) of the

B. Each sentence of the lower court (Article 1: 4 months of imprisonment with prison labor, and Article 2: Imprisonment with prison labor, and Articles 1 and 6 months, and Article 3: Fines 2,00,000) is too unreasonable.

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

On the defendant, the first, second and third original judgments were sentenced, and the defendant filed an appeal, respectively, and this court decided to consolidate each of the above appeals cases and jointly examine them.

The above judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act. Among them, the crime of the first judgment and the second judgment should be sentenced to one sentence pursuant to Article 38(1)2 of the Criminal Act. Thus, the first judgment and the second judgment among each judgment of the court below cannot be maintained as they are.

However, as seen below, the third court judgment does not reverse the third court judgment on the crime of the third court judgment, since the first and the second court judgment and the third court judgment are not sentenced to a penalty.

3. As to the allegation of unfair sentencing on the third judgment of the lower court, the Defendant’s recognition of each of the instant crimes, and the degree of injury to the victim of the traffic accident and the damage to the vehicle, etc. are factors for sentencing favorable to the Defendant.

On the other hand, the traffic accident occurred while driving without mandatory insurance, and the damage caused by the traffic accident is not restored, and the victim of the traffic accident is punished by the defendant.

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