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(영문) 수원지방법원 2015.03.30 2015노385

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant, while driving a vehicle that is not covered by the comprehensive motor vehicle insurance, failed to take necessary measures despite having caused damage to a large number of victims and vehicles. The Defendant, even though having committed a repeated crime due to the same type of fraud, acquired KRW 30 million by deceiving a large number of victims of the Internet goods transaction frauds against about 100 persons, even though 100 persons were committing a repeated crime due to the same crime. In light of the frequency, method, content, degree of damage, etc. of each of the crimes of this case, the Defendant did not recover from damage even if the nature of each of the crimes of this case is not good.

The circumstances favorable to the defendant are as follows: (a) the defendant's timing to commit a crime and reflects on the fact that the defendant's participation in the crime of joint injury in this case is relatively significant; and (b) the defendant has yet to grow and is leading the defendant to the additional defendant.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the lower court is deemed to be appropriate, too heavy, or is deemed to be unreasonable because it is too unreasonable. Therefore, the Defendant and the prosecutor’s argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, "the relevant Article of the Act on the Guarantee of Automobile Accident Compensation" in the phrase "Article 46(2)2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act" shall be "the former Guarantee of Automobile Accident Compensation Act". < Amended by Presidential Decree No. 26059, Jan.