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(영문) 청주지방법원 2014.03.20 2013노912
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. According to the circumstances that consider sentencing, such as the fact that the Defendant recognized the instant crime and divided the Defendant, the number of the Defendant after the instant crime was committed, the fact that the Defendant voluntarily surrendered to the police, the fact that the Defendant subscribed to comprehensive insurance with respect to the instant vehicle, and deposited KRW 4 million for the bereaved family members of the victim, etc. However, the lower court is deemed to have determined that the Defendant’s punishment is too reasonable and unreasonable in light of the following factors: (a) the nature of the instant crime is not good; (b) the victim’s bereaved family members did not reach an agreement with the bereaved family members; and (c) the victim’s bereaved family members want to escape from the Defendant’s severe punishment; (d) the lower court sentenced the Defendant to the maximum punishment within the applicable sentencing range that has been reduced by one time; and (e) the records and arguments, such as the Defendant’s age, character and conduct, motive and background of the instant crime, the means and consequence of the crime, and the circumstances after the crime, etc., are considered as unfair and unreasonable.

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.

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