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(영문) 서울남부지방법원 2015.06.11 2015노203
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the above punishment shall be imposed for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles have been diagnosed by Han-won as a mere and simple sacrificing from the date of the instant traffic accident on October 27, 2014. It is difficult to readily conclude that the victim F suffered an injury due to the instant traffic accident, even though the victim F suffered an injury due to the instant traffic accident, it is difficult to readily conclude that the victim F suffered an injury due to the instant traffic accident, inasmuch as the victim F did not undergo any specific medical treatment, it cannot be readily concluded that the victim F suffered an injury requiring a medical treatment for three weeks in that it did not undergo any specific medical treatment.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby pronounced guilty on the part of the victim F.

B. The sentence imposed by the lower court on the Defendant (two years of suspended execution in August, and eight hours of community service order) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant's ex officio, the prosecutor applied for the amendment of the indictment to "a letter of gambling which requires approximately three weeks of treatment to the victim FF (FFF)" in Section 12 of the judgment of the court of the court of the second instance among the facts charged against the defendant at the trial of the court of the court below. Since this court permitted this, the subject of the judgment was changed by this court, the judgment of the court below based on the original facts charged cannot be maintained any longer.

However, the defendant's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined.

B. (1) Determination of misunderstanding of facts and misapprehension of legal principles as to the assertion of injury (1) The injury diagnosis submitted by the victim of the crime of injury generally grasps the cause of injury based on the victim’s statement, and describes the part and degree of injury observed and judged by using medical professional knowledge, and the injury described therein is immediately.

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