The meaning of "when the victim dies after the death of the victim" in Article 5-3 (1) 1 of the Aggravated Punishment, etc. of Specific Crimes

The time when the victim dies after the escape from the Act on the Aggravated Punishment, etc. of Specific Crimes refers to not only the case where the victim dies at the site of the accident but also all cases where the victim dies after the escape without relief measures.

Article 5-3 of the Specific Crimes

Defendant

Defendant

Seoul Criminal Court of the first instance (74 High Court Decision 580)

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

The sixty days from the detention days before the sentence of the judgment below shall be included in the above sentence.

The summary of the grounds for appeal by defense counsel is as follows: first, although the defendant was unable to identify things due to drinking at the time of the crime at the time of the crime at issue, although he was in the state of loss of his ability or lack of legal capacity, the court below erred by applying the above special law; second, the defendant was found guilty; second, the defendant was unaware of the accident at the time of the accident at the time of the accident at issue at issue at issue, and reported it to him; second, even if the defendant's act of the defendant was escape, the legislative purpose of Article 5-3 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes applies to the case where there is causation between the escape and the thought; and although the defendant's escape was not directly connected with the result of his thought, the court below erred by applying the above special law; third, the judgment of the court below is too unreasonable.

Therefore, according to the statement on the statement of Nonindicted Party 1 and 2 prepared by the prosecutor in the prosecutor's office and the court below as to the first ground for appeal, it is sufficient to recognize that the Defendant had drinking prior to the principal offense, but this does not lead to the mental or physical disability at the time of the crime. Thus, this ground for appeal cannot be accepted. The second ground for appeal is sufficient to find the facts that the Defendant escaped without relief measures, and according to the above evidence, it is sufficient to find the facts that the Defendant escaped without relief measures, and the time when the victim died after the escape under Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes does not refer only to the case where the victim died after the escape without relief measures, but also to all the cases where the victim died after the death of the victim at the hospital after the arrest of the victim. Thus, this case's ground for appeal is without merit.

Furthermore, in light of the circumstances such as health team, Defendant’s age, character and conduct, environment, process of the principal offense, result, etc., the determination of the sentence against the Defendant is considered to be improper because the judgment of the court below is too unreasonable, and therefore, the appeal by the Defendant is reasonable in this regard. Therefore, the judgment of the court below cannot be reversed.

Therefore, according to Article 364(6) of the Criminal Procedure Act, the judgment of the court below shall be reversed and the members thereof shall be decided again.

(Criminal Facts and Summary of Evidence)

The summary of the criminal facts and the evidence of the defendant admitted as a party member is as shown in each corresponding column of the judgment of the court below, and therefore all of them are accepted in accordance with Article 369 of the Criminal Procedure Act (Provided, That the decision that the date of death of the victim among the criminal facts is around 09:45 is 8.1.1.09:45, it is just because it is recognized that the date of death of the victim is 9:45 p.

(Application of Acts and subordinate statutes)

Article 5-3 (1) 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Article 268 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the same Act, Article 268 of the same Act, and Article 268 of the Criminal Act are applicable to several crimes. However, since one act constitutes several crimes, Article 40 of the Criminal Act shall be punished with heavy punishment pursuant to Article 40 of the Criminal Act, it shall be taken into account under normal circumstances, such as where the defendant selected a limited imprisonment for a prescribed term, and then the victim has been compensated for damage, and such mistake shall be divided after the crime is committed. Therefore, the defendant shall be punished with imprisonment within four years by applying Articles 53 and 55 (1) 1 of the Criminal Act, and Article 57 of the same Act shall be included in the number of detention days prior to the sentence.

It is so decided as per Disposition for the above reasons.

Judges Shin Jae-chul (Presiding Judge)