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(영문) 수원지방법원 2014.12.01 2014노188

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment below

We reverse the violation part of the Trademark Act.

As to the violation of the Trademark Act, the defendant is punished by fine 500.

Reasons

1. Summary of grounds for appeal;

A. On the ground of a misunderstanding of the facts against the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “the Act on the Aggravated Punishment, etc.”) (hereinafter “the Act on the Aggravated Punishment, etc.”) (hereinafter “the Act on the Aggravated Punishment, etc.”) 1), the Defendant only informed Ma of the Defendant’s preliminary phone number to the mother of the victim on the Aggravated Punishment, etc. of Specific Crimes, and did not intend to commit an escape. 2) The lower

B. The lower court’s punishment (fine 500,000 won, confiscation) on the part of a violation of the Trademark Act is unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court and the evidence duly adopted and examined at the trial of the lower court as to the allegation of misunderstanding of facts regarding the part of the crime of escape vehicle: (a) the Defendant received the victim’s side glass part of the victim who was parked in the front part of the given vehicle on April 2, 2013 while driving ahead of the given vehicle on April 02:0; (b) the victim was the victim due to the said accident; (c) the victim was injured by the said accident; (d) the mother of the victim who was not the victim from the vehicle after the accident, caused the Defendant to get off the vehicle; (d) the Defendant did not look at the victim’s condition while getting off the vehicle; and (e) the Defendant stated that the Defendant was the same as drinking, at the time of this case’s mobile phone number 2; and (e) the Defendant did not know that the Defendant was the victim’s cell phone number 1; and (e) the Defendant did not know that the Defendant was the victim’s cell phone number 1 at the time of this case.