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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.
Reasons
1. Summary of grounds for appeal;
A. The defendant is guilty of the charges of this case, despite the absence of intention to commit a crime of escape, because of the traffic accident described in the facts charged (hereinafter referred to as the "accident of this case"), which caused the occurrence of an accident together with the victim, due to the short-term detention demonstration, and did not take relief measures against the victim. However, the judgment of the court below which convicted the defendant of the charges of this case by misunderstanding the facts
B. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.
2. Determination
A. 1) The finding of guilt in a criminal trial should be based on evidence with probative value sufficient to mislead the judge that the facts charged are true beyond a reasonable doubt. If there is no evidence to form such a conviction, the defendant's interest should be determined as the defendant's interest even if there is doubt of conviction. However, such conviction should not be formed by direct evidence, unless it violates the rules of experience and logic, and it can be formed by indirect evidence. Even if indirect evidence does not have full probative value as to the facts of crime individually, if it is deemed that there is a comprehensive probative value that can not be independent if it is deemed that there is a comprehensive probative value that does not exist the whole evidence in mutual relation even if it does not have full probative value as to the facts of crime (see, e.g., Supreme Court Decision 2001Do4392, Nov. 27, 2001). The term "reasonable doubt" here does not include any question, doubt, and it does not include any doubt, and it can be included in a reasonable doubt or abstract doubt that is compatible with logical and abstract facts.