2017No4508 Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury)

A

Defendant

Lee Jong-young (Court of Prosecution), Park Jong-young (Court of Justice)

Attorney G (Korean National Assembly)

Seoul Central District Court Decision 2017Ma6697 Decided November 23, 2017

January 26, 2018

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

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

2. Determination

Although the Defendant was able to know that the victim’s emergency was caused by the instant traffic accident, the crime is not good, such as saving contact by leaving the scene.

However, the lower court’s punishment against the Defendant seems to be somewhat unreasonable if comprehensively considering various sentencing circumstances indicated in the records and arguments of the instant case, such as the fact that the Defendant was in the course of trial and the victim did not want the punishment of the Defendant, and that there was no record of punishment exceeding the fine. The Defendant’s assertion of unreasonable sentencing is with merit.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act and the following is ruled again.

[Grounds for multi-use Judgment]

Criminal facts and summary of evidence

The summary of the facts constituting an offense and the evidence acknowledged by this court is the same as the entries in each corresponding column of the judgment of the court below, and such facts are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 5-3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Selection of Imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

The defendant's age, character and conduct, family relationship, criminal records, economic circumstances, and various conditions of sentencing as stated in the records and arguments after the crime were committed, including the fact that the defendant agreed with the victim at the time of the trial, shall be determined in accordance with the order.

The presiding judge, senior judge, and leather

Judges Kim Gin-han

Judges Hwang Sung-sung