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(영문) 수원지방법원 2020.06.12 2020노508
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three 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, three years of suspended sentence, 40 hours of probation, and violent therapy, 40 hours of compliance driving, and 400 hours of community service) of the lower court is too unreasonable.

2. A prosecutor’s ex officio reversal of an amendment to a bill of indictment filed an application for permission to change the term “Article 148-2(1) and Article 44(1) of the Road Traffic Act” to “Article 148-2(1)1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018)” as applicable provisions to the violation of the Road Traffic Act (driving) in the trial of the court, and the subject of the judgment was changed by this court’s permission.

Therefore, this part of the judgment of the court below has a ground for ex officio reversal, and since the court below rendered a single sentence on the grounds that the remaining crimes are concurrent crimes under the former part of Article 37 of the Criminal Act, the judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and it

[Discied Reasons] Criminal facts and summary of evidence recognized by the court, among criminal facts and summary of evidence

1. The judgment of the court below is the same as the corresponding column of the judgment below, except for changing the “not less than twice” into “not less than three times” at the end of the road traffic (driving) in accordance with Article 369 of the Criminal Procedure Act. Thus, it is acceptable as it is.

Application of Statutes

1. Article 148-2 (1) 1 of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) (amended by Act No. 16037), Articles 258-2 (1) and 257 (1) of the Criminal Act (the point of special injury) that applies to the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62-2 of the Criminal Act on probation and education;

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