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(영문) 전주지방법원 2013.08.09 2013노490
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendant, the sentence of the lower court (one year of imprisonment, two years of suspended sentence, two years of probation, two years of social service, 240 hours) is too unreasonable.

B. In light of all the sentencing conditions of the prosecutor, the sentence of the lower court is too unfasible and unfair.

2. The instant crime of this case, which judged the grounds for appeal, ought to be strictly punished by the Defendant in light of the following: (a) the Defendant committed the instant crime without taking necessary measures, such as aiding the victim after causing a traffic accident while driving under influence of alcohol and destroying the damaged vehicle; and (b) the nature and circumstances of the relevant crime are not good; and (c) the Defendant has been punished five times for the same crime.

However, if the defendant recognizes all of the crimes of this case, and there is no history of punishment heavier than a fine for the same crime, the degree of injury of the victim is relatively minor, and the defendant's vehicle is covered by a comprehensive insurance. The defendant's vehicle is covered by a comprehensive insurance. The defendant agreed with the victim in the original trial, the defendant's health is not sufficient, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions of Article 51 of the Criminal Act stated in the records of this case, such as the circumstances after the crime, etc., it is recognized that the court below's punishment is too unreasonable. Thus, the defendant's assertion of unfair sentencing is reasonable and the prosecutor's assertion

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(However, as long as the defendant's appeal is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed separately from the order). Facts constituting an offense and summary of evidence recognized by the court shall be stated in each corresponding column of the judgment below.

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