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(영문) 광주지방법원 2020.02.12 2019노259
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant not guilty on the grounds of the judgment, and sentenced the Defendant to nine months of imprisonment by recognizing the offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) which is in a superior relationship with the former and sentenced the Defendant to nine months of imprisonment. Since only the Defendant appealed on the guilty portion, the prosecutor did not appeal the portion of the Defendant, the part of the reasons for acquittal in the judgment of the lower court was transferred to

Therefore, this part of the judgment of the court below is subject to the theory of innocence of the court below, and the scope of the judgment of the court below is limited to the guilty part of the court below (in conclusion, the judgment of the court below is not to be judged again). 2. The summary of the grounds for appeal (two months of imprisonment) is too unreasonable.

3. In this case, the court below's punishment is somewhat inappropriate in full view of various sentencing conditions shown in the argument of this case, such as the defendant's age, environment, etc., since the defendant's violation of signal, caused serious injury to the victim, and the defendant did not take measures to rescue the victim, and the quality of the crime was bad because the defendant escaped during the trial of the court below to avoid criminal liability, and the defendant does not have any attitude after the crime was committed. However, the defendant does not want punishment for the defendant since the investigation stage, the defendant has suffered substantial damage to the victim during the trial stage, and the defendant has no criminal record for the same kind of crime, and other various sentencing conditions shown in the argument of this case such as the defendant's age, environment, etc.

4. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court, as well as facts constituting a crime.

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