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(영문) 대전지방법원 2015.04.09 2014노3514
특정범죄가중처벌등에관한법률위반(도주차량)등
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 summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the original judgment is too unreasonable.

2. The fact that the accused, who was sentenced to a fine for the same kind of crime, committed the same kind of crime again after he/she was prosecuted, is disadvantageous.

However, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case and his mistake in depth, the victims do not want the punishment of the defendant, the victims do not want it, and if the defendant is detained, the defendant seems to involve a remarkable difficulty in living of his dependent. The scope of the recommended sentence for the crime of this case according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court is not less than 6 months: traffic crime group, traffic crime group, Type 1 (Bodily Injury), type 1 (Exemption after Traffic Accidents), special person in prison, range of recommended sentence (6-10 months) and range of recommended sentence (6-10 months): traffic crime group, type 1 (Defence), special person in prison, determination of the recommended sentence area, decision of the recommended sentence area, sentencing range (6-6-10 months) and the final sentencing guidelines applicable only to the crime of violation of the Act of the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes).

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