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(영문) 수원지방법원 2020.12.18 2020노5706
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. We examine the judgment of the court below. The defendant did not want criminal punishment of the defendant by mutual consent with the victim, the defendant reflects his wrong by living in custody exceeding two months, the vehicle operated by the defendant at the time of the accident was covered by a comprehensive insurance, and the defendant was under the suspension of execution of imprisonment with prison labor for the same kind of crime, but the defendant was the only criminal history of the defendant, as well as the reason for sentencing indicated in the arguments and records of this case, such as the age, happiness, environment, social ties, etc. of the defendant, the sentence of the court below seems to be unreasonable. Thus, the defendant's assertion of unreasonable sentencing is justified

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading

【Reasons for the Judgment of the Court which has been written] The summary of facts constituting a crime and evidence recognized by the court is the same as that of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 5-11 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922 of Feb. 4, 2020), Articles 148-2 (1) and 44 (1) of the Road Traffic Act, and the choice of imprisonment for each sentence concerning the crime;

1. Of concurrent offenders, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall be subject to discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act for community service and lecture attendance order;

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