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(영문) 광주지방법원 2013.11.27 2013노2174
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the defendant was sentenced to a fine of one million won on September 25, 2009 and a fine of 1.5 million won on July 30, 2010. It is recognized that the defendant had been sentenced to a fine of one million won on July 30, 2010, even though he had been sentenced to a fine of one million won on the ground of a violation of the Road Traffic Act, and the defendant had been sentenced to a fine of one million won on the ground of a violation of the Road Traffic Act, but he was found to have committed an error against himself through confinement life for about two months, the degree of damage caused by the defendant, the repair cost, 477,00 won, etc., the defendant's motive for driving a motor vehicle without the consent of the defendant without the consent of the court below as a whole, and the circumstances such as the defendant's motive for driving a motor vehicle without the consent of the court below are somewhat more likely than the victim's age and the defendant's age of driving the motor vehicle.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each 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 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as to the crime, and the Criminal Act.

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