특정범죄가중처벌등에관한법률위반(도주차량)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor (six months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the lower court is too unreasonable.
2. On April 2012, prior to the instant crime, the Defendant had a record of having received juvenile protective disposition several times, including having received juvenile protective disposition due to driving without a license, etc.
Defendant of the same year as of May 5, 2012
6. 5. Notwithstanding the fact that driving a sirend vehicle using another person’s driver’s license and causing a traffic accident (the punishment for each of the fines after the instant crime was committed) is not sufficient to commit the instant crime in a short time, such as committing the instant crime, and stopping the cellular phone known to the victims.
However, there is no record that the defendant was punished for a suspended sentence or heavier.
The degree of injury of the victims is relatively minor, and the victims do not want punishment by mutual consent with the victims.
At the time of committing the instant crime, the Defendant was a juvenile of 18 years of age and 7 months of age, and was able to lead a sincere life without committing a second offense by recognizing a criminal act and closely divided.
Considering all of the sentencing conditions shown in the records and arguments of this case, such as the fact that the defendant was a young person of 19 years of age and his family's intent to protect his parents, the punishment sentenced by the court below is unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts and evidence recognized by the court is identical to the facts and the summary of the evidence as stated in each corresponding column of the judgment of the court below.
Application of Statutes
1. Each relevant Article of the Act concerning criminal facts;