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(영문) 서울북부지방법원 2014.01.23 2013노1478
상해등
Text

The judgment below

The part against the defendant shall be reversed.

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

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant deposited KRW 500,000 to the victim F in the trial of the court, the sentence of the court below is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, the part of the judgment of the court below against the defendant is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 257 (1) of the Criminal Act for the crime concerned, Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, Article 148-2 (2) 2, Article 44 (1) (the point of a sound driving), subparagraph 2 of Article 154 and Article 43 of the same Act, Article 46 (2) 2 and Article 8 of the Guarantee of Automobile Accident Compensation Act, Article 366 of the Criminal Act for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades in violation of each Road Traffic Act due to the driving of sound and without a license);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2 and 3, and Article 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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