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(영문) 광주지방법원 2020.01.22 2019노2688
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, the above punishment shall be imposed for 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 somewhat unreasonable in light of various sentencing conditions shown in the records and arguments of this case, including the following: (a) agreement with the victim G in the trial and the trial; (b) the agreement is reached between both the victim and the victim in the trial; (c) the injury of the victims is not limited to the extent that each two weeks of treatment is required; and (d) the previous conviction of the same kind is not limited to only one time before the fine is imposed; and (e) there is no previous conviction exceeding the fine.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning] Criminal facts and summary of evidence recognized by this court and summary of evidence are as stated in each corresponding column of the judgment below, and thus, they are quoted as it is 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, Article 268 of the Criminal Act, Articles 148 and 54 (1) of the Road Traffic Act, Article 151 of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the crime at issue;

1. Articles 40 and 50 of the Act on the Aggravated Punishment, etc. of Specific Crimes ( between a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act (unclaimed Measures) - Punishment prescribed for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Victims E with the largest penalty);

1. A crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes: A crime of violation of the Road Traffic Act chosen to imprisonment: A violation of the Road Traffic Act chosen to imprisonment: A credit cooperative;

1. Article 37 of the Criminal Act aggravated for concurrent crimes.

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