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(영문) 부산지방법원 2014.08.22 2014노1026

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 7 million imposed by the court below against the defendant is too unfasible.

2. From among the crimes of this case, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Road Traffic Act from among the crimes of this case is acknowledged to have been committed on September 5, 2012 by having been sentenced to imprisonment with prison labor for more than 10 years at the Busan District Court on July 9, 2012 and having been sentenced to imprisonment with prison labor for murder, etc. and for more than 10 years on September 5, 2012, despite the completion of the execution of the sentence and the completion of the sentence, each of the crimes of this case was committed during the period of repeated crime, without taking necessary measures such as rescue and relief measures.

However, it seems that the defendant recognized each of the crimes in this case and against his mistake, the degree of damage seems to be relatively minor, and the victim of the traffic accident seems to be able to actually recover from the damage caused by car comprehensive insurance. The damage caused by the victim C is also recovered through the return of seized articles. The victim of the traffic accident occurred in the trial, and the defendant made many efforts to live a new life after being released from the court. Thus, if the defendant is sentenced to a sentence, the defendant may lose an opportunity to adapt to society, health is not good, and economic conditions are not good, and there are family members to support the defendant such as his wife, and the defendant's age, environment, occupation, family relationship, circumstances leading to the crime in this case, and the circumstances leading to the crime after the crime.