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(영문) 의정부지방법원 2012.12.07 2012노1612

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) in the judgment of the court below on the erroneous determination of facts, the Defendant did not have any criminal intent to escape to the Defendant since the Defendant did not fully

Nevertheless, the court below found the defendant guilty on the facts charged of this case, which erred in the misapprehension of legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's decision on the assertion of mistake of facts and the evidence duly adopted and examined by the court below and the trial court, namely, ① the victim E was sleeped near the valley of this case at investigation agency and the trial court at the time of E, but the vehicle of the following defendant was used in E, but the vehicle of the defendant was in progress without stopping the vehicle of the defendant at the time of E, and E was said to be "low knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k at the time of this case's accident.