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(영문) 수원지방법원 2019.11.29 2019노4914
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact-finding and misunderstanding of legal principles, the Defendant did not know the victims of the injury, and did not recognize that the victims were in need of relief, and there was no intention to escape.

Therefore, the lower court erred by misapprehending the legal doctrine and misunderstanding the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds that the sentence of unfair sentencing (limited to eight months of imprisonment, two years of suspended sentence, community service, 80 hours in the law-abiding class, 40 hours in the law-abiding class) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted to the same effect as the lower court rendered in the trial.

As to this, the lower court did not accept the Defendant’s assertion and found the Defendant guilty of the instant facts charged in full view of the facts and circumstances revealed through the evidence duly admitted and examined.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified, and the court below did not err by misapprehending the legal principles as alleged by the defendant, or by misapprehending the legal principles.

B. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record on the assertion of unfair sentencing, the sentence imposed by the lower court appears to have been appropriately determined by fully considering the grounds for sentencing alleged by the Defendant, and no special circumstance exists to change the sentence imposed by the lower court.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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