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(영문) 춘천지방법원 2013.11.13 2013노534
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of imprisonment (eight months of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. In light of the following facts: (a) the Defendant had been punished for the suspension of the execution of the same kind of crime; and (b) the Defendant, after committing the instant crime, attempted to conceal the Defendant’s crime by making a false statement at an investigative agency by his/her J and his/her her son and her son and her son and her friendly H, etc., it is necessary to punish

However, considering the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the court below is too heavy or unreasonable, and thus, each of the above arguments by the prosecutor and the defendant is without merit.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, Article 25 (1) of the Rules on the Aggravated Punishment, etc. of Victims C is not a separate crime because the "Article 152 (1)" in Part 3, 9 of the judgment of the court below, "Article 152 (1)" in Part 3, "Article 152 (1)", and the "Dismissal" in Part 3, 10 of the 3th 10 is deleted, and the crime of violation of the Road Traffic Act against the victim C against the violation of the Act on the Aggravated Punishment, etc.

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