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(영문) 대구지방법원 2016.05.12 2016노976
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant had no intention to commit an escape.

B. In light of the legal principles, the upper part of the victim does not constitute a bodily injury as defined in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Epins).

(c)

The punishment of the court below (10 months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination:

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant also argued to the effect that it is identical to the assertion of misunderstanding of facts and misapprehension of legal principles, and the lower court rejected the above assertion in detail, with a detailed statement, and in light of the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable, and thus, the Defendant’s allegation of mistake of

B. As to the wrongful assertion of sentencing, the degree of injury of the victim due to the instant accident is not limited, the Defendant agreed with the victim, and the Defendant has a health problem.

However, the defendant committed the crime of this case by violating signal without obtaining a license during the period of repeated crime, and the record of punishment for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is five times, and one time.

In addition, comprehensively taking account of the various circumstances, such as the defendant's age, environment, sex, and circumstances after the crime, the sentence of the court below is not recognized as being unfair due to the absence of the sentence of the court below.

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

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