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(영문) 수원지방법원 2017.06.21 2017노2517
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. In light of the fact that the defendant's attitude of escape was very active at the time of the instant case, and that the defendant had the record of being sentenced to a fine due to a violation of the Road Traffic Act in 2009, strict punishment against the defendant is necessary.

However, in full view of the following facts: (a) the Defendant’s mistake was divided into each other; (b) the Defendant agreed with the victims; (c) there was no particular criminal history other than the one-time fine; and (d) the Defendant’s age, sexual conduct and environment; (b) motive, means and consequence of the commission of the crime; and (c) other various sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable; and therefore, (d)

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 judgment below is reversed and it is again decided as follows

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 148 and Article 54 (1) of the Road Traffic Act concerning the crime (the point of failing to take any measure after a traffic accident) of the relevant Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (a punishment provided for in the Act on the Aggravated Punishment, etc. of Specific Crimes (a punishment for any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and any violation of Road Traffic Act (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and any violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E, the punishment of which is the largest;

1. Selection of each sentence of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

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