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(영문) 인천지방법원 2019.07.19 2019노421
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted in the summary of the grounds for appeal, even though the defendant was aware that a traffic accident occurred as stated in the facts charged, and instead failed to take necessary measures, such as aiding the victim, the court below erred by admitting the fact and thereby affecting the conclusion of the judgment.

2. The court below's decision is just in holding that it is difficult to view that the evidence presented by the prosecutor alone that the defendant left the site without recognizing the fact of the accident in this case and left the site is sufficiently proven beyond a reasonable doubt, and there is no error of mistake of facts as pointed out by the prosecutor.

In addition, there is no other evidence to prove the facts charged in the trial, so the prosecutor's assertion is without merit.

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

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