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(영문) 대전지방법원 2020.03.11 2019노3431
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the fact that the court below, as stated in the grounds for sentencing disadvantageous to the defendant, stated that the accident of this case and the reason for escape, the victim did not reach an agreement yet with the victim, and the victim's children want to be punished strictly, the crime and the circumstances of the crime of this case are not less and less severe, but the defendant's mistake is against his depth while committing the crime of this case which the defendant denied at the court below, and the defendant's life in custody in the remaining four months seems to be serious and serious to the degree of injury suffered by the victim. The degree of injury suffered by the victim is relatively minor, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime of this case, etc., the court below's sentencing conditions as shown in the records of this case, such as the defendant's age, character and behavior, environment, the motive and consequence of the crime of this case, are considered to be unfair.

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

[Dao-written judgment] Criminal facts and summary of evidence acknowledged by this court and the summary of evidence are identical to the corresponding column of the judgment of the court below, except where the court below's partial statement "1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 1. 3. 3. 2. 3.

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 and the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

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