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(영문) 수원지방법원 2015.05.15 2014노3437
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of mistake of facts or misapprehension of legal principles on the date and time stated in the facts constituting the crime of the lower judgment, and even if a domestic accident occurred, there is no need to take relief measures in light of the degree of injury to the victim or the situation, and thus, the crime of violation of the Act

B. The lower court’s sentence of unreasonable sentencing (two years of suspended execution in August, and two hundred hours of community service order) is too unreasonable.

2. Determination

A. In the judgment of the court below as to the assertion of mistake of facts or misapprehension of legal principles, the defendant argued the same purport as the grounds for appeal, and the court below rejected the defendant's assertion in detail with the statement of the defendant's assertion and its decision under the title "the judgment of the defendant's assertion". In light of the evidence duly adopted and examined by the court below, the judgment of the court below is

In addition, the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, i.e., the defendant argued that the victim faces with the vehicle driven by the defendant, considering the victim's key (180cm). However, even though the victim's key is 180cm, the victim's shoulder location may be lower than the victim's shoulder location and the victim's shoulder location may be lowered in the process of backing the vehicle, so it is sufficient that the victim's shoulder may face with the shoulder part located between about 120cm and about 135cm. ② The defendant made a false statement for the purpose of receiving insurance money, and according to the result of the order to submit a report with respect to each insurance company of this Court, the victim made the same life insurance company and Samsung Life Insurance Co., Ltd. at the time of the accident in this case.

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