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(영문) 인천지방법원 2014.03.14 2013노3391

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, by mistake of facts and misunderstanding of legal principles, escaped from the scene before the victims perform relief obligations.

B. The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The court below acquitted the defendant on this part of the facts charged on the ground that it is difficult to deem that the defendant performed his duty to take relief measures, such as disclosing the status of the victims immediately after the accident and receiving insurance, and further, it is difficult to view that the defendant had an intention to escape. Examining the reasoning of the court below in comparison with the records, the court below's decision is just and acceptable.

B. In full view of the following facts: (a) all of the terms and conditions of sentencing specified in the records and arguments of unreasonable sentencing, and the Defendant did not have a criminal record of imprisonment without prison labor or any heavier punishment; and (b) the victims and the Defendant agreed to do so, it

3. Therefore, 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.