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(영문) 서울남부지방법원 2014.01.23 2013노1791

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that a misunderstanding of the fact that a criminal defendant driven a drunk driving, or that the defendant shocked the victim C with a vehicle as stated in the facts charged of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, or escaped.

Nevertheless, the court below convicted the charged facts of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's punishment (five million won of fine) declared by the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the judgment of the court below that found the defendant guilty of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-wing Vehicle) against the defendant on April 12, 2013 is just and acceptable, and it cannot be said that the defendant and the defense counsel erred in the judgment on the charges of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dok-wing Vehicle) against the defendant and his defense counsel because the defendant were driving the front house of the 940-11 of the Dok-dong, Geumcheon-gu, Geumcheon-gu, Seoul in the direction of the Dokdong-dong in the direction of the Dokdong-dong in the direction of the Dok-dong, in the direction of the Dog-dong, in the direction of the Dog-dong, in the direction of the Dog-dong.

B. The defendant's decision on the assertion of unfair sentencing is simply agreed with the victim and the victim also agrees with the defendant, and it exceeds the defendant's fine for the last twenty years.