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(영문) 창원지방법원 2018.04.19 2018노28
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of fact-misunderstanding and misapprehension of legal principles, police statements and diagnosis statements made by victims E, etc., the upper part of the victim’s wife (e.g., e., g., e., g., g., hins and tensions) is insignificant to the extent that it cannot be evaluated as “injury” under the Criminal Act, and the upper part of the victim’s wife was caused by king evidence, and there is no relation between the instant accident and the

B. Sentencing

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the Defendant’s assertion based on the circumstances indicated in its reasoning.

In light of the evidence duly admitted and investigated by the trial court in addition to the evidence duly admitted and adopted by the court below, the judgment of the court below is just and acceptable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the defendant.

We cannot accept the Defendant’s factual mistake and misapprehension of legal principles.

B. Even if the Defendant’s judgment on the unfair argument of sentencing considers the circumstances favorable on the grounds of appeal, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances regarding the sentencing.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair is not accepted.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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