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(영문) 수원지방법원 2017.10.20 2017노886
도로교통법위반등
Text

We reverse the judgment of the court below.

Defendant shall be punished by a fine of KRW 7,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by Defendant 1 (5 million won in penalty) is so excessive that it is unfair (the Defendant did not submit a written reason for appeal against the second instance judgment). (b) The sentence sentenced by the lower court by each prosecutor (the second lower court KRW 2 million in penalty) is too uneased and unreasonable.

2. Before making ex officio judgment on the grounds for appeal by the Defendant and the Prosecutor, this Court tried by combining each appeal case by the lower court. Each of the offenses of the lower judgment is concurrent crimes 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. Thus, the lower judgment cannot be maintained as it is.

In addition, according to the records, the defendant was sentenced to the punishment of each crime of the court below on October 27, 2016 in violation of the Punishment of Violences, etc. Act (joint attack), etc. at the Suwon Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Fagging Fagging Faging Faging Faging Faging Faging Faging Faging Faging Faging Faging Fag

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the judgment of the court below as to the defendant's and prosecutor's unfair argument of sentencing, and it is again decided as follows (as long as the judgment of the court below is reversed, it does not separately dismiss an appeal against the defendant's appeal against the second instance court). The judgment of the court below is erroneous in the misapprehension of the above authority, and the criminal facts and the summary of evidence admitted by the court below are related to the criminal facts.

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