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(영문) 전주지방법원 2013.08.09 2013노626
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. A favorable circumstance is recognized such as the fact that the Defendant’s judgment on the grounds of appeal is not good health, and that the Defendant recognized the instant crime and is in depth divided, that the degree of injury suffered by the victim D is relatively minor, and that the Defendant agreed with the victims and the victims that the victims do not want punishment.

However, the instant crime committed, however, that the Defendant escaped without taking any measures such as aiding the victim D’s vehicle while driving on an expressway without obtaining a license on the expressway and without taking any measures such as aiding and abetting the victim. The nature and circumstances of the relevant crime are not good. Other vehicles driving on the expressway are left alone due to the instant crime, resulting in a chain of accident. The Defendant was sentenced to a suspended sentence of 2 years for 10 months for a period of imprisonment due to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes, which is the same kind of crime on August 10, 2010, and the Defendant repeatedly committed the instant crime as long as the period of the suspended sentence expires. In full view of the various sentencing conditions specified in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion of unjust sentencing is not justified.

3. If so, the defendant's appeal 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.

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