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(영문) 수원지방법원 2014.12.18 2014노2973

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s penalty of KRW 4 million (a fine of KRW 4 million) against the Defendant in light of the gist of the grounds for appeal is deemed unreasonable.

2. In full view of the favorable circumstances, such as the fact that the defendant did not reach an agreement with the victim, the fact that the defendant is divided into the victim's mistake in the trial, the degree of injury of the victim, the amount of running car is relatively heavy, the defendant subscribed to a comprehensive insurance, and the defendant deposited a certain amount for the victim at the court below, the defendant has no other criminal power, and other favorable circumstances such as the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, circumstances after the crime, etc., it cannot be deemed that the punishment imposed by the court below is less severe.

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