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(영문) 서울북부지방법원 2013.09.11 2013노930
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact that the defendant erred in misunderstanding the fact that the victim D caused the injury, the court below found the defendant guilty of the above injury. There is an error of law by misunderstanding the fact, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts: the evidence duly adopted and examined by the court below and the following circumstances recognized by the court below; i.e., ① although the victim D prevented the defendant from driving a taxi that he had driven and driving away, it has consistently stated that the defendant suffered an injury on his left side due to driving of the vehicle in spite of the fact that the defendant suffered an injury on his left side by driving the vehicle, etc.; ② At the time, the victim D was on the driving seat of the defendant's vehicle, and the defendant went back the vehicle to the left side. In light of the location of the victim D at that time and the direction of the progress of the defendant's vehicle, it is highly probable that the defendant was driving the vehicle in light of the victim D's left side at that time, ③ the part of the victim's diagnosis submitted by the victim D, which suffered an injury on the medical certificate, the defendant's assertion of mistake of facts is insufficient to recognize the fact that the defendant suffered an injury on the part of the victim, etc. as stated in the facts charged by the victim.

B. We examine the argument of unfair sentencing, and the fact that the defendant confessions most of the crimes of this case and objects to the confessions, the agreement between the insurance company of the defendant vehicle and the victims was reached, and that the defendant has no criminal record of a fine or heavier punishment is favorable to the defendant.

(b).

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