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(영문) 수원지방법원 2018.11.14 2018노4224
도로교통법위반(무면허운전)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (the first instance court: imprisonment with prison labor for 6 months and the second instance: imprisonment with prison labor for 8 months) is too unreasonable.

2. The judgment of the court below against the defendant who made an ex officio determination was sentenced to each of the above appeals and the defendant filed an appeal, and this court decided to hold a joint hearing of each of the above appeals. Since each of the offenses against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below should be sentenced to one punishment in accordance with Article 38(1) of the Criminal Act, and the judgment of the court below

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

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving), Article 329 of the Criminal Act (abstinence of intention), Articles 352 and 347 (1) of the Criminal Act (abstinence of fraud), Article 360 (1) of the Criminal Act (abstinence of possession), Article 347 (1) of the Criminal Act (abstinence of fraud), Article 70 (1) 3 (abstinence of fraud) of the Financial Business Specializing in Credit Business Act (abstinence of loss of credit cards), and each choice of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Circumstances favorable to the defendant are as follows: (a) the reason for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is against the defendant; and (b) the victim of the crime of embezzlement of deserted articles in possession does not want the punishment of the defendant by mutual consent.

On the other hand, in light of the circumstances and contents of each of the instant crimes.

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