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(영문) 수원지방법원 2016.11.25 2016노5136
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The court below dismissed the prosecution against each of the charges of this case, and sentenced guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Violences), the Punishment of Violences, etc. Act (the Act on the Aggravated Punishment, etc. of Specific Crimes), the Road Traffic Act (the Act on the Aggravated Punishment, etc. of Specific Crimes) and the violation of the Road Traffic Act (the Act on the Aggravated Punishment, etc. of Specific Crimes).

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. The main points of the grounds for appeal are too unreasonable for the lower court’s imprisonment (ten months of imprisonment).

3. The Defendant committed the instant crime without being aware of the fact that the Defendant, who caused an accident while driving under the influence of alcohol, caused the victim F to suffer an injury and damaged the vehicle as it is, in collaboration with I, inflicted an injury on the victim H by causing the injury to the victim, and that the quality of the crime was bad, and that the Defendant committed the instant crime without being aware of the fact that he was sentenced to a suspended sentence of two years for a year of imprisonment due to the crime of aiding and abetting fraud, etc.

However, in full view of the following circumstances: (a) the Defendant committed the instant crime including the part denied by the lower court when the Defendant was in the trial; (b) the degree of injury suffered by the victim F and H is not limited; (c) the Defendant agreed with the victim F and the victim F; (d) the Defendant deposited a certain amount for the victim H when the Defendant was in the trial; (b) the Defendant deposited the Defendant’s money for the purpose of the victim F; (c) the Defendant’s suspended execution was revoked; and (d) other circumstances that form the conditions for sentencing specified in the instant case, such as the Defendant’s age, character, character, environment, family relationship, and circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable; and thus, (c) the Defendant and his defense counsel’s above.

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