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(영문) 서울남부지방법원 2020.12.14 2020노1194
도로교통법위반(음주운전)등
Text

All parts of the judgment of the court below, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for four years.

Reasons

1. In a case where an appeal is filed against a judgment of conviction on the scope of this Court’s adjudication and a compensation order, the compensation order is transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit). Therefore, the part of which the court below accepted an application for compensation by the applicant for compensation by the defendant and the prosecutor, and the part of which the

However, the defendant did not assert any grounds for appeal against the cited part of the compensation order by the court below, and there is no ground for revocation or alteration of the cited part of the compensation order by the court below ex officio. Thus, the defendant's order shall be maintained as it is.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (the first instance judgment: imprisonment with prison labor for a period of one year and six months, and the second instance judgment: imprisonment with prison labor for a period of two years and six months) is too unreasonable.

B. The prosecutor (with regard to the judgment of the court below of the second instance)’s sentence that the court below rendered is too unfasible and unfair.

3. We examine ex officio prior to the judgment on the grounds for appeal for ex officio determination.

The first and second judgment against the defendant was rendered, and the defendant and the prosecutor filed each appeal as above, and this court decided to hold the two appeals together.

Each of the first and second original judgments against the Defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, and thus, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act. As such, the remainder of the first and second original judgments, excluding the compensation order, cannot be maintained.

4. In conclusion, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the remaining parts of the judgment below excluding the compensation order portion among the judgment below are all reversed, and it is again decided as follows through the pleading.

[The reasons for the judgment of multiple times] criminal facts and summary of evidence.

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