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(영문) 의정부지방법원 2019.05.02 2019노204
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and eight months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). There are various favorable circumstances, such as: (a) the Defendant’s reflects; (b) a large number of drinking alcohols that are not taken place on the door of the meeting; (c) the victim of traffic accident C did not focus on the degree of injury; (d) the police officer of the obstruction of performance of official duties deposited KRW 2 million with his/her partner; (b) the police officer of the obstruction of performance of official duties deposited money; (c) the recent marriage; (d) the delivery of an indefinite period; and (e) the family members including his/her mother and his/her wife; and (e) the Defendant’s wife’s wife, taking into account such circumstances, the lower court appears to have determined

In the trial court, the police officer H newly submitted a written agreement citing the Defendant’s wife. However, the Defendant had been sentenced to a suspended sentence of two years in October due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (Bodily Injury) in 2010, and there was a record of having been punished several times due to violent crimes, and obstruction of performance of official duties. In this case, the Defendant committed a traffic accident causing human life damage under the influence of alcohol concentration of 0.170% and escaped, and the Defendant committed an assault to a police officer who intends to take a drunk test without this, and added to the police officer who tried to take a drunk test. In full view of all the records and all of the sentencing factors indicated in the trial process of this case including the Defendant’s age, character and behavior, environment, motive, means and method of each of the instant crimes, and circumstances after the crime.

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