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(영문) 서울동부지방법원 2016.02.17 2015노1732
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the reasons for appeal by the defendant is that the sentence of the court below that sentenced the defendant for 6 months is too unreasonable.

In light of the following circumstances: (a) the Defendant committed the instant crime against his mistake by recognizing all of the instant crimes; and (b) the victim does not want to punish the Defendant; and (c) the Defendant’s age, sex, environment, etc., the sentence of the lower court is too unreasonable and unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by this court is identical to the corresponding column of the judgment of the court below, except for the deletion of "1. Part of the defendant's court statement" and addition of "1. The defendant's court statement" as stated in the summary of the evidence of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 3 (1) and the proviso to Article 3 (2) of the Act on Special Cases concerning the Settlement of Traffic Accidents Aggravated Punishment, and Article 268 of the Criminal Act concerning criminal facts (Selection of Imprisonment without prison labor);

1. Persons who are subject to special mitigation in the area of mitigation of punishment for the sentencing of Article 62(1) of the Criminal Act [the scope of recommendation] of the suspended sentence under Article 62(1) of the Criminal Act: Persons who are subject to special mitigation of punishment for the Class 1 (Bodily Injury by Traffic Accidents). [the criteria for suspended sentence] Persons who are not subject to the suspended sentence [the main reasons for affirming the choice of suspended sentence] Persons who are not subject to the suspended sentence [the decision

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