beta
(영문) 인천지방법원 2013.12.20 2013노2482

교통사고처리특례법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the fine of eight million won) is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized a criminal act; (b) the Defendant’s act was against the victim; (c) the victim’s comprehensive motor vehicle insurance with which the vehicle was admitted was recovered from damage; (d) the victim E, H, I agreed with the victim; (c) the decision of sentence was made by fully taking into account various circumstances as indicated in the judgment of the court below; (d) there are no changes in circumstances that may vary between the court below and the punishment; and (e) other circumstances that are conditions for sentencing as indicated in the argument and the record of the instant case, including the Defendant’s age, character and conduct, environment, and criminal record, the Prosecutor’s assertion is not acceptable since the sentence imposed by the court

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.