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(영문) 창원지방법원 2013.09.05 2013노898
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment below

The part of the judgment No. 1 is reversed.

Two years of imprisonment with prison labor for the crime No. 1 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal (one year of suspended sentence in April of imprisonment with prison labor for three years and two crimes (one year of suspended sentence in April of 2012 and 3775) as stated in the judgment of the court below for the first crime (2012, 263, 2012, 363) of the judgment of the court below) is unreasonable.

2. Determination

A. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) in the judgment on the grounds of appeal against the part concerning the crime of Article 1 of the judgment of the court below is an unfavorable circumstance against the defendant, since the defendant was sentenced to the suspension of execution on August 3, 2012, and was sentenced to three years of the suspension of execution on the grounds of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) at the Changwon District Court on April 6, 2012, the defendant committed the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) in the instant case, even though he was driving a motor vehicle with the victim D while

However, in full view of all the circumstances that are favorable to the defendant, such as the occurrence of the instant accident and the occurrence of negligence to a certain extent, the defendant deposited KRW 10 million to X, the father and father of the victim D, the living woman and father of the defendant died in recent years, the circumstances that may be taken into account in the course of arresting the defendant, and the circumstances that are conditions for sentencing as shown in the records and arguments, such as the circumstances favorable to the defendant such as the defendant, the character and conduct and environment of the defendant, the background and result of the instant crime, the circumstances after the commission of the crime, etc., and the circumstances after the crime, etc., the punishment imposed by the court below as to the crime No. 1 as stated in the judgment of the court below is somewhat inappropriate

B. The circumstances favorable to the Defendant and each of the instant frauds as well as the circumstances favorable to the Defendant by examining prior to the determination of the grounds for appeal against the second crime as to the judgment of the court below.

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