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(영문) 대전지방법원 2016.04.15 2015노2656

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to 7 million won) is too unhued and unreasonable.

2. On August 9, 2012, the fact that the Defendant, upon having been sentenced to four months of imprisonment with prison labor due to interference with business affairs on June 21, 2012, completed the enforcement of the sentence and subsequently committed the instant crime even during the period of repeated crime is disadvantageous.

On the other hand, it is advantageous to the fact that a motor vehicle operated by the defendant was subscribed to a comprehensive mutual-aid association of the Korean Bar Association and the victims received medical expenses and repair expenses from the said mutual-aid association, all of the crimes in this case are led to confessions and reflects, deposit of KRW 2 million for the victim, and the degree of injury suffered by the victim is minor (as for about two weeks, e.g., f., c., c., c.).

In addition, comprehensively taking account of the motive and background of the instant crime, means and methods, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, sex, career, and environment, the lower court’s punishment cannot be deemed as unfair because it is too low.

The prosecutor's above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.