특정범죄가중처벌등에관한법률위반(도주차량)등
The remainder of the judgment of the court below and the judgment of the court of second instance, excluding the dismissed part, shall be reversed.
1. Summary of grounds for appeal;
A. Regarding the lower court’s judgment 1, 2016 and 47, it is difficult to view that there was no intention to escape from the Defendant in the case of 2016 and 17, as well as that the injury the victim AG suffered is insignificant and thus need to take relief measures.
In 2016 and 450 cases, the defendant had no intention to larceny.
In the case of each of the cases of 2016 and 1167 and 1168, the Defendant did not assault the victim AM or N, and did not have any intention of assault, and even if there was some physical contact, this constitutes a legitimate defense.
2) In relation to the lower judgment of the second instance, there was no injury to the victim D in the case of the 2015 senior group 4354.
In the case of 2016 high group 110, there is no assault against the victim E or F, and some physical contacts exist, but this is a legitimate defense.
In the case of the Highest 1063 case, there is no fact that the victim J has damaged the vehicle, and there is no injury to the victim I, and there is no physical contact with the victim I, but it is a legitimate defense.
B. The Defendant had mental and physical weakness at the time of committing the instant crime due to the present mental and physical illness.
(c)
The punishment of the lower court (the first instance court: the fine of KRW 8 million, the second instance court; the imprisonment of KRW 2: the imprisonment of KRW 2) is too unreasonable.
2. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the defendant appealed against the judgment of the court of first instance and the judgment of the court of second instance. This court decided to hold a joint hearing of the above two appeals cases.
Each of the above offenses against the Defendant by the lower court is in a concurrent crime relationship under the former part of Article 37 of the Criminal Act, and thus, one punishment shall be imposed within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. As such, the part of the lower judgment and the lower judgment, except the dismissed part of the first and second lower judgment, cannot be maintained.
However, there are reasons for the above ex officio reversal.