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(영문) 대구지방법원 2016.09.22 2015노5139

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The lower court’s sentence (three years of imprisonment, four years of suspended execution, and 120 hours of community service order) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The Defendant currently reflects the facts charged while recognizing the facts charged, and upon agreement with the bereaved family members of the victim, they do not want the punishment of the Defendant.

However, there is a very heavy responsibility for the Defendant to commit the instant crime, which led to the death of the victim by leaving a vehicle driving by the Defendant without taking any measures against the victim, and the Defendant was hiding the instant crime for a period of four years or longer, and if the Defendant was living together with the Defendant did not report, the instant case may be left as permanent institution.

In addition, the defendant denied criminal intention in the investigative agency, and the defendant has a career of being punished once due to traffic accident.

In addition, comprehensively taking account of the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, background leading to the commission of the crime, and circumstances after the commission of the crime, the lower court’s sentence is unreasonable.

3. If so, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment below, and thus, the summary of the facts and evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime, and Article 268 of the Criminal Act;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);