(영문) 창원지방법원 2018.10.04 2018노1029 | 리걸엔진

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(영문) 창원지방법원 2018.10.04 2018노1029

특정범죄가중처벌등에관한법률위반(도주치상)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) was established by the Defendant, but the Defendant was faced with the victim, and there was no fact that the victim was faced with the victim.

Nevertheless, the judgment of the court below is erroneous in finding the defendant guilty of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) by misunderstanding the facts.

2) The punishment sentenced by the lower court (one hundred thousand months of imprisonment and fine of KRW 300,00) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too uneasible.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the judgment of the court below and the evidence duly admitted and investigated by the court below as to the assertion of mistake of facts, the defendant was found to have escaped without taking necessary measures, such as causing injury to the victim, and aiding and abetting the victim in the front part of the Ototoba while operating Otoba.

Therefore, the judgment of the court below which found the defendant guilty is just, and the defendant's assertion of mistake is not accepted.

1) The Defendant is recognized as having received the victim’s body loss in front of the victim’s body loss due to a breach of duty of care, such as the facts constituting the crime in the judgment of the court below while operating Oralba.

가) 이 사건의 목격자인 J은 이 사건을 수사한 경찰관과의 전화통화에서 “ 피고인이 브레이크 밟는 동시, 받치는 동시에 널쪘어요

(Hamba)

At that time, it is more detailed that we receive. It is more detailed that we can do so, and we can't see that we can't brus (victims) and we can't brus. Among them, we can't bruscen the brusc before the bruscen.

G. G. G. G.I.D. L. L.I.D.

at that time, Orala Baba

3. The records of evidence No. 152-153, the page 153 of the record) are written.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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