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(영문) 서울남부지방법원 2012.11.01 2012노992
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes is not established since the victim cannot be deemed to have suffered bodily injury due to the accident in this case of mistake of facts

B. The lower court’s sentence of unreasonable sentencing (two months of imprisonment and two years of suspended sentence) is too heavy.

2. Determination

A. As to the assertion of mistake of facts, the court below may fully recognize the fact that the victim suffered the injury due to the instant accident, considering the following circumstances, i.e., ① the speed of the damaged vehicle and the damaged vehicle at the time of the accident at the time of the accident at a relatively rapid speed, and the fact that the damaged vehicle was damaged to the extent that the repairing cost of KRW 2,380,519 was damaged by the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the accident at the time of the above accident, the shock caused by the said accident is deemed to have been reasonable. ② The victim stated that the shock of the instant accident at the time of the accident at the time of the accident at

B. As to the assertion on unfair sentencing, considering the Defendant’s denial of the instant crime and non-discrimination, taking into account the Defendant’s age, character, conduct, criminal record, occupation, motive and circumstance leading to the instant crime, circumstances after the commission of the crime, etc., the lower court’s punishment is not adequate and hot.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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