범인도피교사등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal;
A. The punishment of the lower court (two years of imprisonment) is too unreasonable.
B. The lower court’s sentence is too uneasible and unreasonable.
2. Determination
A. It is recognized that the Defendant led to the instant crime and reflected, subscribed to liability insurance, and deposited KRW 2 million for the victim L.
B. However, considering the following circumstances, the court below's decision is unreasonable in light of the following: (a) the driving of a vehicle under the influence of 0.403% alcohol concentration on the ground of another person as a driver; (b) the quality of the crime was not very good after driving the vehicle on the ground of another person as a driver; (c) the crime of special injury was committed without having been investigated; (d) the Defendant committed a traffic accident while driving the vehicle under the influence of 0.144% alcohol concentration; (c) the Defendant had three times the history of punishment for drinking or driving without a license; (d) the Defendant committed the instant crime during the suspension period of execution due to the crime of violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) three times the previous crime; (e) the Defendant committed the instant crime during the suspension period of execution; (e) the victim did not appear at the request of the other investigative agency; and (e) the victim was suffered from two parts of the left side due to the instant crime; and (e) the Defendant did not receive a letter from L.
C. Therefore, the prosecutor's assertion pointing this out is with merit, and the defendant's assertion is without merit.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after
(The appeal by the defendant is groundless, but the decision of the court below is reversed by accepting the appeal by the public prosecutor, and the appeal by the defendant is not dismissed separately.)