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(영문) 춘천지방법원 2016.01.13 2015노996
교통사고처리특례법위반
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment without prison labor for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (one year’s imprisonment without prison labor) is too unreasonable.

2. Although there are unfavorable circumstances such as the degree of injury suffered by the victim F and the victim wanted to be punished by severe punishment, the court below's punishment is too unfair in light of the motive and background leading up to the crime of this case, circumstances leading up to the crime of this case, and other various sentencing conditions in the records such as the defendant's age, sexual behavior, environment, etc.

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

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on a person who violates the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims F with heavier penalty);

1. Selection of a credit cooperative without prison labor for punishment;

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