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(영문) 대전지방법원 2015.09.25 2015노2400

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession of all crimes, the Defendant’s reflective fact, the stolen dump truck was returned to the victim, and the victim E does not want punishment.

B. Meanwhile, the crime of this case was committed by the Defendant with a dump truck stolen and driving without a license, resulting in a traffic accident while driving a dump truck, resulting in an injury to the victim, and escape even after the other vehicle was destroyed, and then, resulting in an injury to the other victim, and its nature is not very good.

In addition, in light of the fact that the defendant was committed in the previous period of imprisonment with prison labor or a heavier punishment and that the defendant was committed during the period of repeated crime, the victim H and L did not recover from damage, etc., it is necessary to strictly punish the defendant and the sentence of punishment is inevitable.

C. In light of the Defendant’s age, living environment, motive, details and consequence of the crime, and all of the sentencing conditions indicated in the instant case, such as the circumstances after the crime, the lower court’s punishment is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.