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(영문) 수원지방법원 2020.01.10 2019노6426
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. In light of the reasoning of the lower court’s judgment, the Defendant’s confession of the instant crime through a two-month confinement life, and the victim did not want the Defendant’s punishment by mutual consent with the victim, including the fact that the Defendant’s criminal history, age, character and conduct, environment, etc., as well as the reasons for sentencing indicated in the instant argument and record, the lower court’s punishment appears to be unreasonable. As such, the Defendant’s assertion of unfair sentencing is with merit.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Article 3 (1), the proviso to Article 3 (2) 1, Article 268 of the Criminal Act concerning facts constituting an offense, Article 3 (1) and Article 3 (2) 1 of the Act on Special Cases concerning the Settlement of

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;

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