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(영문) 서울중앙지방법원 2014.10.23 2014노3182

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for six months.

2.2.2.22.22.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (two years and six months of imprisonment) is too unreasonable in light of the fact that Defendant A acknowledges and reflects the instant crime, the victim’s negligence who illegally crossing the road, the Defendant partially implemented relief measures, the Defendant’s consent with the victim’s bereaved family members, and the Defendant’s de facto spouse is pregnant, etc.

B. In light of the fact that Defendant B recognized the instant crime and reflected, voluntarily surrendered, and repaid 17 million won to the victim of fraud, etc., the lower court’s punishment (two months of imprisonment and confiscation) is too unreasonable.

C. In light of the fact that Defendant C’s recognition of and reflects on the instant crime and that it is difficult for Defendant C to implement the community service order in the occupation of the Defendant, the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of community service) is too unreasonable.

2. Determination

A. As to the Defendant’s assertion, the Defendant was driving without a license and caused the death accident, and the victim went away from the scene of the commission of the crime against the serious traffic accidents that led to the death of the victim, and the quality of the crime is not good, such as inducing the witness to commit the crime, and paying the money to the witness in return for the commission of the crime, and one year has passed since the date of the occurrence of the case by the self-denunciation of the Defendant B, and the truth of the instant case has been revealed, the lower court set the statutory minimum of the statutory punishment to be mitigated by taking into account the circumstances of the Defendant’s assertion, and taking into account all the sentencing conditions of the instant case, such as the Defendant’s age, character and behavior, environment, the circumstance and consequence of the instant crime, and the circumstances after the instant crime, etc., the Defendant’s assertion of unfair sentencing cannot be deemed unfair even if considering the circumstances of the Defendant’s assertion, and therefore, the

B. Determination of Defendant B’s assertion