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(영문) 인천지방법원 2013.09.13 2013노1767

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal was that the Defendant immediately released from the vehicle immediately after the accident caused the victim to be fine, and that the victim of the age of 17 was punished by fine, and left the site by clarifying his/her intention to be fine, so it cannot be deemed that the necessity of relief measures at the time or that the Defendant had the intention to escape

Nevertheless, the court below convicted the defendant by misunderstanding the facts.

2. The court below rejected the above argument by stating in detail the defendant's assertion and its decision under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below with the same argument as the reasons for appeal of this case. In light of the above judgment of the court below after comparing the above judgment with the records, the judgment of the court below is just and it is not erroneous in the misapprehension of facts as alleged by the defendant, which affected the conclusion

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.