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(영문) 대전지방법원 2015.05.21 2015노321

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and four months) imposed by the lower court is too unreasonable.

2. In the first instance judgment, the Defendant confessions the instant crime and reflects the wrongness, the need to consider equity with the case where the first head judgment of the criminal facts in the judgment below became final and conclusive at the same time with the case where the Defendant was tried, and the Defendant’s health seems not good, etc. are favorable to the Defendant.

However, in the final and conclusive judgment of the court below, the defendant escaped during the period of suspension of detention due to health reasons, and committed the crime of this case even before that, the fact that the defendant was sentenced to the punishment due to the violation of the Road Traffic Act (unlicensed Driving), etc., and that it seems that the defendant did not take any measures to recover damage from the traffic accident of this case. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character, environment, motive, means and consequence, the situation before and after the crime, etc., and the traffic crime group within the scope of sentence recommended by the sentencing guidelines of the Sentencing Commission of the Supreme Court, and type 1 (the escape after the injury). The scope of recommendation: the sentence of the court below

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.