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(영문) 서울북부지방법원 2014.02.14 2013노1370
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In order to give first aid to a victim who had been under the influence of the crime, the court below erred by misunderstanding the fact that he was guilty on the part of the defendant in spite of the fact that he did not escape from the scene of the accident by salving the roof, and thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (5 million won of fine) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The evidence duly adopted and examined by the court below, the witness D's legal statement and the following circumstances recognized by the court below, namely, ① the defendant stated that he would go to the roof before leaving the scene of the accident, and that he would go to the roof, and I also asked the defendant to go to the victim and G at the court of the court of the court below that he would go to the roof, and there was a little statement that the police officer called to the scene at the time of the court of the court of the court below that he would go to the roof, but G did not say that the defendant would go to go to the roof at the court of the court of the court of the court below, but I stated that the defendant did not come to go to the roof at the time of the court of the court of the court below, and that the defendant did not go to the defendant's statement that he would go to the roof at the time of the accident, and that he did not go to the court of the court of the court of the court of the first instance, and that he did not come to the defendant's statement at the scene of the victim.

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