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(영문) 수원지방법원 2019.08.30 2019노3286
교통사고처리특례법위반(치상)
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor) of the lower court is too unreasonable.

2. In full view of the reasons for sentencing indicated in the argument and the record of the instant case, such as the following: (a) the Defendant was in the first instance trial and agreed with the victim; (b) the Defendant did not have any history of punishment exceeding the fine; and (c) the Defendant was in profoundly against the Defendant’s wrong life in custody over two months; and (b) the lower court’s punishment seems to be unreasonable. As such, the Defendant’s assertion of unfair sentencing is reasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered after pleading.

【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence are identical to facts constituting a crime and summary of evidence recognized by the court, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 3 (1), the proviso to Article 3 (2) and Article 3 (6) of the Act on Special Cases concerning the Settlement of Traffic Accidents in the Selection of Punishment, and Article 268 of the Criminal

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc., of orders to provide community service or attend lectures;

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