beta
(영문) 수원지방법원 2014.12.01 2014노5949

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.

2. The Defendant, while driving a vehicle not covered by mandatory insurance, escaped without leaving the vehicle and leaving the vehicle alone. The crime of this case is very poor, the damage has not yet been recovered to the original trial, the Defendant had the history of having been punished several times including the punishment, and the lower court rendered a minimum sentence of imprisonment by discretionary mitigation of imprisonment with prison labor for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, and other factors such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s sentence cannot be deemed unfair.

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