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(영문) 인천지방법원 2013.04.12 2012노3651

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhued and unfair.

2. In full view of the following circumstances: (a) the Defendant reflects the instant crime; (b) the Defendant subscribed to the liability insurance; (c) the damaged vehicle was not exposed to damage; (d) the Defendant’s age, character and conduct, environment, family relationship, criminal record relationship; (c) the circumstances after the instant crime; and (d) the motive and circumstance of the instant crime; and (e) the circumstances that are conditions for sentencing indicated in the present arguments and records, including the Defendant’s age, character and conduct; (d) the Defendant’s family relationship; and (e) the circumstances that the Defendant did not immediately take relief measures after the instant accident occurred; and (e) the Defendant was not guilty of leaving the scene of the accident, as alleged in the grounds for appeal,

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.