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(영문) 광주지방법원 2013.04.10 2013노14
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In the event that the Defendant did not know at all the time of each accident at the time of the instant accident, and did not intend to flee, the lower court convicted the Defendant by misapprehending the legal doctrine on the intention to flee and by misapprehending the legal doctrine on the intention to flee.

B. The lower court’s sentence of unreasonable sentencing (fines 7,00,000) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty on the grounds of the fact-finding and misapprehension of legal doctrine that each of the accidents of this case appears to have had a considerable impact on the Defendant’s vehicle, and that the Defendant was going to the left at the destination immediately after the second accident of this case against the victim I. 2) Examining the reasoning of the lower judgment in light of the records, the lower court’s fact-finding and determination are justifiable, and there were no errors by misapprehending the legal doctrine on the intention of escape, as alleged by the Defendant and his defense counsel.

Therefore, this part of the defendant and defense counsel's argument is without merit.

B. Although it is recognized that the defendant committed each of the crimes in this case and caused damage to the victims, the court below's punishment is somewhat inappropriate, taking into account the following factors: although it is recognized that the defendant committed each of the crimes in this case and caused damage to the victims, the defendant's mistake is recognized, the defendant agreed to the extent of damage caused by each of the crimes in this case, the degree of damage is not limited, and other various sentencing conditions specified in the arguments in this case, including the circumstances of each of the crimes in this case, circumstances after the crime, the defendant's age, character and conduct

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

b) the summary of the evidence and evidence.

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