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(영문) 서울중앙지방법원 2016.02.04 2015노3507
범인도피
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of being aware of the fact, was under the influence of alcohol and caused a hospital to collect blood, leading to the police, and was driving.

Since the police officer did not answer clearly to the police officer's questions, it does not allow C to escape.

B. The sentencing of the lower court’s unfair sentencing (one million won in penalty) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below is justified in finding the defendant guilty of the facts charged in this case through the determination of evidence.

Therefore, the lower court erred by misapprehending the facts as alleged by the Defendant.

subsection (b) of this section.

This part of the defendant's assertion is not accepted.

B. Although there are extenuating circumstances, such as the Defendant’s health and economic situation, and there are children who have to support the sentencing, the lower court appears to have determined the punishment by reflecting the aforementioned factors in its entirety. While there are no circumstances to change the sentencing in the first instance court, considering the means and result of the crime, the circumstances after the crime, the Defendant’s age, sexual conduct, career, environment, the circumstances and motive of the crime, etc., the sentencing of the lower court is determined within a reasonable and appropriate scope, and it is not determined that the sentencing of the lower court is unfair as it is excessively unreasonable.

Therefore, we cannot accept this part of the defendant's assertion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal for conclusion is without merit.

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