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(영문) 수원지방법원 2017.05.17 2017노75
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant had no criminal intent to escape because he/she went away from the place where the accident occurred without knowing the fact of the accident because the symptoms of the brain symptoms occurred at the time of the instant case.

Nevertheless, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts.

(b) The defendant had a criminal intent to flee, with mental and physical weakness;

However, the Defendant was in a mental and physical state due to the influence of brain disease at the time of the instant case.

(c)

The punishment of the court below (six months of imprisonment) which is unfair in sentencing is too unreasonable.

2. Determination

A. The court below held that the defendant's defense counsel's assertion of mistake of facts and mental or physical weakness had the same assertion as the grounds for appeal of mistake of the above facts and mental or physical weakness at the court below, and the court below stated in the judgment on the grounds of various circumstances under the title "judgment of the defendant and his defense counsel", and determined that the defendant had the criminal intent to escape at the time of this case, and that the defendant did not have the ability to discern things or make decisions due to cerebrism at the time.

Examining the following facts based on the evidence duly adopted and examined by the court below and the court below on the circumstances stated by the court below, the above judgment of the court below is justified.

① After the instant accident, the victim got off his own vehicle and talked about the Defendant’s accident on the Defendant’s vehicle.

At the time, the victim did not see that he did not see the form that causes light, such as cutting the body of the defendant.

On the other hand, at the time of the prosecutorial investigation, the defendant stated to the effect that he caused satisfy by satisfying his arms and legs when satisfying his memory by causing brain symptoms.

④ According to the explanation of the following, a patient with cerebrovascular disease is in the situation.

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