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(영문) 인천지방법원 2016.04.14 2016노523

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for ten months.

except that this shall not apply.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 40 hours of instruction in compliance driving, 10 months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant, while driving a vehicle in a child protection zone, escaped without any measure while getting injured by the end of the nivers of the nivers of the nivers F, and attempted to withdraw KRW 50 million from the niversJ along with B. The crime is likely to be socially criticized, and the amount of money that the nivers of the victim'sJ would have been withdrawn from the nivers. The Defendant’s responsibility for the crime is heavy in light of the following:

However, the defendant made a confession of all crimes and made a mistake contrary to his judgment.

The victim F's injury is relatively minor, and the crime of joint attack was attempted, and there was no substantial damage to the victim J.

At the court below, the defendant agreed with the legal representative of the victim F, and the above victim's wife is receiving a letter from the victim J in the trial.

In full view of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is somewhat heavy.

Recognized.

B. Defendant B, along with the Defendant A, attempted to withdraw KRW 50 million from the Victim J. However, the Defendant appears to have led the Defendant to commit a joint attack; the amount of money that the Defendant intended to withdraw from the victim is relatively large; and the Defendant had the same criminal record.

However, the defendant led to the confession of crimes and reflects the wrongness.

The crime of the joint attack was committed against the victim, and there was no substantial damage to the victim.

The defendant agreed with the victim in the trial of the party, and the victim wanted to have the wife of the defendant.