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(영문) 의정부지방법원 2016.04.19 2015노3078

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is unreasonable that the Defendant (unlawful in sentencing) was sentenced to the punishment of the lower court (two years of suspended sentence in August, and forty hours of order to attend a lecture in 8 months).

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. It is recognized that the Defendant did not take measures such as aiding and abetting the damaged person who caused a traffic accident by mistake in violation of the signal, and not only left the site, but also the fact that the Defendant had the wife immediately after the occurrence of the accident as if he/she was driving and the nature of the crime is not good.

B. However, in full view of various circumstances, such as the Defendant’s confession and confession of the instant crime, the fact that the Defendant agreed with the victim in the trial, and the Defendant’s age, details of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be too minor or unreasonable.

(c)

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.