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(영문) 서울서부지방법원 2014.06.12 2014노155

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) is deemed unreasonable.

2. In light of the fact that the Defendant denies the part regarding the violation of signal and the Defendant did not properly recover from damage up to the trial, etc., the Defendant should be punished strictly. However, considering the fact that the Defendant has no heavy criminal power, the degree of injury inflicted on the victim is not serious, and other factors of sentencing as indicated in the record and pleading, such as the process and result of the instant crime, the circumstances after the crime, the Defendant’s career, and the environment, etc., the lower court’s sentence cannot be deemed unreasonable.

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