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(영문) 서울서부지방법원 2016.04.28 2016노165

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The sentence of the lower court (eight months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of this case is a case where the defendant caused a traffic accident, and the defendant escaped without taking relief measures against the victim, and the nature of the crime is not good. However, in the meantime, the defendant confessions the crime of this case on the other hand, in addition to the agreement amount under the automobile insurance, the defendant paid additional money to the victim in the trial in addition to the agreement amount under the automobile insurance, and there is no criminal record against the defendant, and the sentencing conditions indicated in arguments and records such as the defendant's age, career, sexual conduct, etc., the sentence of the court below is too unreasonable.

The defendant's argument of sentencing is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description in each corresponding column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution ( considered as favorable circumstances in the preceding life);