(영문) 부산지방법원 2018.11.09 2018노2963 | 리걸엔진

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(영문) 부산지방법원 2018.11.09 2018노2963

특정범죄가중처벌등에관한법률위반(도주치상)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the instant crime was committed on two occasions with the record of being punished four times due to the crime of violence, such as bodily injury, etc., and the fact that the instant crime was committed at approximately four months from the date of release as the same kind of crime, is disadvantageous.

On the other hand, however, the court below's punishment is somewhat inappropriate if it is considered that the defendant's age, sex, environment, motive and circumstance of the crime, motive and consequence of the crime, circumstances after the crime, equality with punishment in the same and similar cases, etc. are taken into account, such as the fact that the victim of the traffic accident is recognized, the degree of injury and assault of the victim of the traffic accident, the victim of the traffic accident, the victims of the crime and the victims of the crime have agreed smoothly, the victims of the assault have recovered from damage and the victims do not want the punishment for the defendant.

We accept the defendant's unfair argument in sentencing.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.

【Inasmuch as the facts constituting an offense and the summary of evidence recognized by the court are identical to the facts constituting an offense and the summary of evidence, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act concerning the crime, Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54(1) of the Road Traffic Act, Article 260(1) of the Criminal Act concerning the crime;

1.Articles 40 and 50 of the Criminal Code of Trade and Trade (Article 40).

참조조문

-특정범죄 가중처벌 등에 관한 법률 제5조의3 제1항 제2호

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