logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.01.12 2016노4016
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment below held that the defendant neglected to take care of the victim who passed the crosswalk and left the crosswalk 16 week, leaving the crosswalk without providing relief measures, etc., and there are significant circumstances against the defendant, such as the fact that the victim's family members want to take severe punishment. However, the defendant was found to have committed the crime of this case at the appellate court, and the defendant is in violation of the duty to recognize and reflect the crime of this case, and the victim is also in violation of the signal. The victim has been able to governance the crosswalk. The victim's failure to take care of the crosswalk was damaged by the wind of the victim who passed the nameless vehicle driving the vehicle of the defendant, the vehicle of the defendant is covered by comprehensive insurance. The defendant's driver is covered by the comprehensive insurance, and the defendant's vehicle was deposited KRW 20 million for the victim at the appellate court, the defendant's additional payment of KRW 20 million to the victim immediately before and after this judgment was made, and thus, the defendant's excessive motive for the defendant to be subject to criminal punishment by taking into account the circumstances of this case, and the defendant's motive of punishment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1..

arrow