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(영문) 부산지방법원 2019.11.29 2019노2974
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The instant crime committed by the Defendant, while driving a vehicle, resulting in a traffic accident by occupational negligence and resulting in injury to the victim C and F, while destroying damaged vehicles, etc., is likely to be criticized in light of the circumstances, contents, etc. of the crime.

Defendant has been punished for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and for violating the Road Traffic Act.

However, in the appellate trial, the Defendant is against the recognition of all of the instant crimes, and the degree of injury suffered by the victim C and F is not very serious.

In the appellate trial, the defendant expressed his intention that the victims do not want to be punished by the defendant by mutual agreement with C, F and the defendant.

In addition, there is no record of punishment exceeding a fine.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the argument of this case, such as the circumstances after the crime, the sentencing of the court below against the defendant is deemed unfair.

The defendant's assertion of unfair sentencing is justified and the prosecutor's assertion of unfair sentencing is without merit.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

(1) In the event that an appeal by a prosecutor is groundless, but the original judgment is reversed by accepting the appeal by the defendant, the prosecutor's appeal shall not be dismissed separately from the disposition). The facts constituting an offense and summary of evidence recognized by the court in this case and summary of evidence are stated in the summary of the evidence of the original judgment.

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