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(영문) 인천지방법원 2017.04.19 2016노4951
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle) and the violation of the Road Traffic Act (i.e., an accident), the Defendant did not have any intention since he did not recognize the fact of the accident.

In addition, with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Evacuation Vehicles), since the accident is insignificant, the victim did not have any injury.

B. The sentence that the court below sentenced to the defendant (7 million won a penalty) is too unreasonable.

2. Determination

A. The Defendant alleged to the same purport in the lower court’s judgment as to the assertion of mistake of facts, and the lower court rejected the Defendant’s assertion on the grounds stated in its reasoning by finding the Defendant guilty of this part of the facts charged. In light of the evidence duly admitted and examined by the lower court and the reasoning of the lower judgment, the lower court’s aforementioned determination can be justified and acceptable, and there was an error of law

It does not seem that it does not appear.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable even if there is no change of circumstances that may be considered in the sentencing after the lower judgment’s determination on the unfair argument of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

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

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