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(영문) 의정부지방법원 2014.10.22 2014노1805
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.

Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment is based on the following: (a) the Defendant was one time before and after the suspension of the execution due to the same crime; (b) the Defendant operated the freight cars as indicated in the judgment of the court below without a driver’s license after the cancellation of the license on February 2009 without a driver’s license; (c) caused many victims to escape after causing the instant traffic accident; and (d) the instant crime is disadvantageous to the Defendant, such as the Defendant’s failure to commit a crime, such as the Defendant’s occurrence of a police vehicle who was shot by the Defendant in violation of the traffic signal, and the Defendant’s failure to escape even after having escaped.

On the other hand, there are circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are relatively minor, the defendant's injury to the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes are relatively minor, the defendant does not want the punishment of the above victims by mutual agreement with the victim G, I andJ, the defendant paid 2680,000 won to the Seoul Special Metropolitan City Personal Passenger Passenger Transport Business Association which has paid the above victims in the trial, and substantial damage has been recovered, and the defendant'

In full view of the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, relationship to victims, motive and background of the instant crime, means and consequence, circumstances after the crime, criminal records, family relationship, etc., the sentence imposed by the lower court is somewhat unreasonable.

3. If so, the defendant's appeal is reasonable, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is rendered after pleading.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.

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