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(영문) 전주지방법원 2015.01.23 2014노1309
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for ten months;

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal by the defendant is too unreasonable.

2. The judgment of the court below is based on the following facts: while the defendant was driving a motor vehicle without obtaining a driver's license, it was found that the defendant committed the crime of this case while driving the motor vehicle without obtaining a driver's license that caused injury to the victim D, H, and escaped without taking necessary measures even though he did not take any necessary measures even after he injured the victim D, and destroyed the cab and damaged the gallon and the Karen car by consecutively damaging the gallon; while the defendant was in custody of the victim K K's gacar, the defendant refused to return it and embezzled the conditions even though he was demanded by the victim to return it; although the defendant did not agree with the victims, it is deemed that the defendant led to the confession and mistake of all the crimes of this case; since the motor vehicle driving of the defendant is covered by the comprehensive motor vehicle insurance, the damage caused by the above traffic accident was recovered by the victim company; the degree of injury to the victims is minor; the defendant's motive and behavior in the crime of this case are not found to be unfair.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is the same as that of the judgment below.

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