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(영문) 수원지방법원 2015.06.19 2014노2817
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which convicted the defendant of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, is erroneous in the misapprehension of the legal principles, since the victims were not at risk of injury due to minor shock of the traffic accident in this case of mistake of facts.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Determination:

A. The following circumstances, which are acknowledged by the court below, based on the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., ① the victim Fenz vehicle operating after the traffic accident in this case (hereinafter “victim F”) seems not to have caused minor shocks at the time of the traffic accident in the front right, and ② the victims have been provided medical treatment in K Fenz on November 12, 2013 and the 13th day of the same month after the accident, but the victims have been provided medical treatment on November 12, 2013, and the victim F was issued with a written diagnosis of injury that the victims suffered injuries, such as the “fenz and tension,” the victim H, which requires medical treatment for each period of three weeks, and ③ In the case of the victim H, the victim H complained of the present lessons, the victim’s hearts, the victim’s hearts, and the victim’s opinion that the above Lenz suffered from a merger and cerebr surgery, etc., before confirming the above treatment after the accident.

Therefore, we affirm the judgment of the court below that recognized the defendant as a crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and there is no error of law by mistake of facts as alleged in the grounds of appeal, and we cannot accept the above argument

B. As to the assertion of unfair sentencing, the defendant.

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