logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2015.05.28 2015노258
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) As to the facts constituting an offense of the lower judgment [2014Kadan1921], there is no fact that the Defendant 4-5 times by drinking the victim’s face. 2) The lower court’s imprisonment (three years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below regarding the assertion of mistake of facts, the court below did not err by misapprehending the legal principles as alleged by the defendant, since the defendant could fully recognize the fact that he had taken 4-5 face of the victim as stated in the judgment of the court below [2014Da1921].

Defendant’s assertion of mistake is not accepted.

B. The circumstances favorable to the defendant on the argument of unfair sentencing are as follows.

In the crime of bodily injury caused by dangerous driving of a defendant, the degree of damage to the victim is minor, and the victim stated that the investigation agency does not want the punishment of the defendant.

The circumstances unfavorable to the defendant are as follows:

With regard to the decision of the court below [2014 Highest 1191], the Defendant caused the instant traffic accident by adding the gross negligence of the violation of signal while under the influence of alcohol 0.136% to a license without permission.

Of the judgment of the court below, in relation to the thief in [2014Kadan1255] of the judgment of the court below, the defendant repeated the same kind of crime over five times within a short period by committing a crime similar to the defendant's criminal for larceny, and in relation to the crime of bodily injury in carrying dangerous things, the defendant committed an injury in need of six weeks of medical treatment due to the violation of the victim's underline by the kitchen, and there was a risk that the victim's life may be deducted if it is erroneous.

With regard to the decision of the court below [2014 Godan1921], the defendant sold the victim several times as a food and dangerous thing, and inflicted an injury in need of six weeks of medical treatment.

arrow