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(영문) 서울중앙지방법원 2016.07.21 2016노1072
도로교통법위반등
Text

The judgment below

The part against Defendant A, C, E, H, I, and J shall be reversed.

Defendant

A Imprisonment of 10 months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (as to Defendant E and H)’s sentence imposed by the lower court on the Defendants (as to each of four months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is deemed to be too uneasy and unfair.

B. The Defendants (1) misunderstanding of the fact (Defendant I) did not have provided driving lessons outside a private teaching institute for compensation in collusion with C without registering the private teaching institute.

The Defendant did not receive any remuneration from CB students, and did not participate in C's driving lessons.

Even if the defendant introduced lessons to Defendant C, the defendant introduced them.

(2) Sentencing sentencing (2) is unreasonable because the sentence imposed by the lower court on the Defendants (10 months of imprisonment, 6 months of imprisonment, 8 months of imprisonment, 4 months of suspended execution, 2 years of suspended execution, 160 hours of social service) is too unreasonable.

2. Determination

A. The prosecutor of the judgment ex officio (defendant C, E, H, I, and J) changed the facts charged against Defendant C, E, and H as stated in the summary of the facts charged and evidence as follows. Defendant H and I applied each Road Traffic Act to Defendant H and I, and Defendant J applied for the amendment of an indictment to withdraw each of Articles 37 and 38 of the Criminal Act in the applicable legal provisions under the premise that the relation of the crime of aiding and abetting and abetting the violation of the Road Traffic Act is a single comprehensive crime. Since this court permitted this and changed the subject of the judgment, the part against Defendant C, E, H, I, and J of the judgment below cannot be maintained.

The judgment below

Among the above, even if there is a ground for reversal in the above part on Defendant I, Defendant I’s assertion of mistake about the judgment of the court below is still subject to the judgment of this court, and this is related thereto.

B. According to the evidence duly admitted and examined by the court below as to Defendant I’s assertion of mistake, the defendant is stated in the facts constituting the crime in the judgment below.

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