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(영문) 수원지방법원 2018.02.09 2017노8637

특정범죄가중처벌등에관한법률위반(도주차량)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake is divided and reflected; (b) there is no history of punishment for the same kind of crime; (c) the vehicle involved in the accident is covered by the motor vehicle comprehensive insurance; and (d) the degree of injury to the victim is relatively heavy.

On the other hand, the defendant escaped without taking necessary measures, such as the statement in the decision of the court below, and the fact that the nature of the crime is not less than that of the defendant is disadvantageous to the defendant.

In addition, even if the court below's punishment is considered to be unfair because the defendant's age, sexual conduct, environment, circumstances after the crime, etc., and the equality with the case of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the judgment of the court below, which became final and conclusive, such as all of the sentencing conditions and the circumstances after the crime.

Therefore, the defendant's above assertion is without merit.

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.