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(영문) 서울중앙지방법원 2013.04.25 2013노995
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is very important to commit the crime of this case, such as the occurrence of another traffic accident in the course of avoiding the victim neglected on the road due to the defendant's crime. However, the defendant's escape after the traffic accident of this case caused the traffic accident of this case and voluntarily surrenders to the G District District of Seoul Central Police Station after about two hours, the defendant seems to be sufficiently contradictory to the defendant's initial crime, the fact that the defendant was a first offender, the defendant was admitted to the Financial Cooperative of the defendant's taxi, the fact that the defendant's taxi is crossing the road without permission at night, the defendant's age, character, environment and other sentencing conditions are taken into account.

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.

Punishment of the crime

The summary of facts and evidence recognized by the court is the same as the corresponding column 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 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 268 of the Criminal Act concerning criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

1. Article 62 (1) of the Criminal Act (the grounds for sentencing favorable to the above judgment)

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