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(영문) 서울중앙지방법원 2016.01.28 2015노4529

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (the imprisonment of 6 months and the fine of 300,000 won) is too unreasonable.

B. The sentence of the lower court on the Defendant by the Prosecutor (a prison term of six months and a fine of three hundred thousand won) is deemed to be too unhued and unfair.

2. The judgment has a favorable condition to the defendant, such as the fact that the defendant was able to repent his mistake in depth and that the social relationship is clear.

However, the instant crime committed, however, runs away without taking measures such as disregarding the police officer’s direction of regulating the Defendant’s act of traffic prohibition on the road for motor vehicles and aiding the damaged police officer even without taking such measures as aiding the damaged person, and the nature of the crime is not good, the degree of injury to the victimized police officer is not somewhat weak, and all other sentencing conditions in the records and arguments, including the Defendant’s age, sexual behavior, environment, and circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too heavy or too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there are no grounds for appeal by the defendant and the prosecutor. It is so decided as per Disposition.