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(영문) 광주지방법원 2021.01.13 2020노2107
교통사고처리특례법위반(치사)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for not less than two years and six months.

Defendant

B.

Reasons

1. The gist of the grounds for appeal is as follows: (a) Defendant A asserts that the punishment of the lower court against each of the respective sentences of the lower court (Defendant A: three years of imprisonment with prison labor for a maximum term; (b) two years of short-term; (c) six months of imprisonment with prison labor; (d) one year of suspended execution; and (c) community service) is too unreasonable; (c) the prosecutor appealed each appeal by asserting

2. The Defendant’s ex officio judgment on Defendant A’s portion was a juvenile as provided in Article 2 of the Juvenile Act at the time of the pronouncement of the judgment of the court below by AP, but has reached the age of majority, the judgment of the court below that sentenced the Defendant to an illegal sentence pursuant to the Juvenile Act was no longer maintained.

3. The judgment on Defendant B caused a traffic accident by Defendant A’s request that caused a traffic accident.

Since Defendant A made a statement and tried to conceal Defendant A’s crime, the nature of the crime is not good.

However, the defendant shows the form of recognizing and reflecting the crime.

Since the defendant had falsely made a statement on the day when he made a false statement and recognized the criminal defendant to have committed a crime, the degree of undermining the criminal justice function of the defendant's criminal act is relatively weak.

The Defendant is an initial offender who has no criminal history.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, it is difficult to view the sentence of the court below as being too uneasible and illegal.

Therefore, prosecutor's assertion is not accepted.

4. Accordingly, the judgment of the court below on the ground that there is a ground for reversal of the above authority among the defendant A, and thus, the part of the judgment below on the defendant A among the judgment below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the unfair argument of sentencing by the defendant A and the prosecutor, and the prosecutor's appeal against the defendant B is without merit. Thus, the Criminal Procedure Act is applicable.

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