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(영문) 제주지방법원 2018.11.01 2018노510
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

The judgment below

Article 17 and 18 of the 3rd 17th 18 Action "1. Aggravation of concurrent crimes: the former part of Article 37 of the Criminal Code;

Reasons

The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (one year of imprisonment) is too unreasonable, but in full view of various circumstances that form the conditions for sentencing as shown in this case, it is not recognized that the punishment imposed by the court below is too unreasonable because the punishment imposed by the defendant is too unreasonable. Thus, the above argument is without merit.

Accordingly, the Defendant’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and “1. Aggravation of concurrent crimes: Aggravation of concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act” in Article 364(1) of the Criminal Procedure Act shall be construed as “1. Aggravation of repeated crimes: Aggravation of repeated crimes: Article 35 and Article 42 of the Criminal Act;

1. Aggravation of concurrent crimes: The error in office under the former part of Article 37, Article 38(1)2, Article 50, and the proviso of Article 42 of the Criminal Act is apparent, and such error in office is corrected ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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