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(영문) 서울중앙지방법원 2017.05.11 2016노4617

특정범죄가중처벌등에관한법률위반(도주차량)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant that the defendant, while driving a motor vehicle, sustained injury in need of three weeks of medical treatment by shocking the victim's bridge while driving the motor vehicle, and it is not good that the defendant escaped as it is.

However, the fact that the defendant recognized the crime of this case, the primary offender, the vehicle operated by the defendant is covered by the comprehensive motor vehicle insurance, the victim does not want the punishment of the defendant, the degree of injury of the victim is not much severe, the appellate court submitted a confirmation that the defendant's parents want to take part in volunteer service for 100 hours, and the fact that the defendant's parents want to take part in the defendant's wife, and it seems that there is a family relation favorable to the defendant.

In addition, in full view of the various circumstances, including the Defendant’s age, sex, family relationship, environment, and circumstances after the crime, etc., the prosecutor’s assertion is not acceptable on the grounds that the sentence imposed by the lower court is too uneasible and unreasonable.

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