beta
(영문) 울산지방법원 2017.04.13 2016노1908

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (a punishment of KRW 3 million) is too unreasonable.

B. In full view of the evidence submitted by the Prosecutor 1 of the facts and the misapprehension of the legal principles, the Defendant was convicted of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act (not after the accident) among the facts charged in the instant case. However, the lower court erred by misapprehending the legal principles, and thereby acquitted the Defendant.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Judgment on the grounds for appeal

A. As to the prosecutor's assertion of misunderstanding the facts and misapprehension of the legal principles, the court below found the defendant not guilty on the ground of the reasons stated in its reasoning, as it constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the main sentence) among the facts charged against the defendant, and a violation of the Road Traffic Act (the measures not taken after the accident). Examining this part of the judgment below in comparison with the evidence duly admitted by the court below, the judgment of the court below is just and there is no error of misapprehending the legal principles

B. Unfavorable circumstances against the Defendant and the Prosecutor’s assertion of unfair sentencing: The instant special assault crime was committed at the height of the 16th floor above the apartment, leading up to the direction from the 16th floor to the string in which they are playing, and thus, the crime is not likely to be committed in terms of danger.

A favorable circumstance: The defendant shows his attitude to recognize and reflect the special assault crime of this case.

No person who actually takes place in the column of the Jinjin Day.

There is no criminal record except for the defendant who has been sentenced to three times of a fine for traffic-related crimes.

The arguments and records of this case, including the above unfavorable circumstances and favorable circumstances, such as the defendant's age, character and behavior environment, relationship to victims, motive means of crime, and circumstances after the crime.