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(영문) 전주지방법원 2017.01.12 2016노1426
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.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. The judgment of the defendant is acknowledged that the defendant first caused a traffic accident, and after the escape from the first place, found the defendant's vehicle that the victim F escaped from the victim F and brought about a traffic accident again, and the fact that the defendant did not receive a letter from the victim F or who did not receive a letter from the victim F.

However, in light of the fact that the defendant recognized the crime of this case, the defendant did not have the record of punishment exceeding the fine due to the same crime, the defendant agreed with the victim H and I in depth, and the defendant deposited KRW 2 million at the court below for the victim F and deposited the victim F in an additional deposit of KRW 2 million at the court below to deposit it in an additional amount of KRW 4 million, etc., and other sentencing conditions specified in the records and changes theory, such as the defendant's age, sex, environment, the background and motive leading up to the crime of this case, the means and consequence of the crime of this case, the circumstances after the crime, etc., are considered to be unfair because the court below's punishment is too unreasonable.

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, and the judgment below is ruled again after pleading as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3 subparag. 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 54(1) of the Road Traffic Act (the point of each escape vehicle), Articles 148 and 54(1) of the Road Traffic Act (the point of each escape vehicle after an accident), the former Automobile Management Act (the point of which is not taken after an accident) as to the crime under the relevant Article of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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