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(영문) 수원지방법원 2020.12.18 2020노4187
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. There is no causal relationship between a mistake of facts, a mistake of legal principles, a change of the vehicle line of the defendant and the victim's mispersion, and the defendant did not have the intention of escape.

B. The lower court’s sentence of unreasonable sentencing (fine 5 million won) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant asserted to the same effect as the lower court rendered in the trial.

As to this, the lower court rejected the Defendant’s assertion and found the Defendant guilty of the instant facts charged in full view of the circumstances as indicated in its reasoning, which are revealed through the evidence duly adopted and examined and the above evidence.

Examining the above judgment of the court below after closely comparing it with the records, the judgment of the court below is just, and the judgment below did not err by misapprehending the facts or by misapprehending the legal principles as alleged above by the defendant.

B. Comprehensively taking account of the grounds for sentencing stated in the instant argument and the record as to the assertion of unfair sentencing, the lower court appears to have reasonably decided by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

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

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