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(영문) 울산지방법원 2013.09.27 2013노519
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the sentence imposed by the court below (one year of imprisonment and three years of suspended execution, etc.) is too uneased and unreasonable.

2. The crime of this case was committed in light of the following circumstances: (a) the Defendant was faced with injury to the victims by shocking the damaged vehicle in the course of rapid change of the vehicle; (b) the Defendant escaped after destroying the damaged vehicle; and (c) the Defendant was unable to receive a letter from the victims; (d) the degree of injury to the victims is not relatively heavy; (b) the Defendant’s vehicle is covered by comprehensive insurance; (c) the Defendant’s vehicle has no more penalty power to suspend qualifications or more; and (d) the Defendant’s age, character, character, environment, and circumstances after the crime was committed; and (e) the sentence imposed by the lower court is deemed unreasonable. Therefore, the Prosecutor’s assertion is groundless.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, "the application of the law" of the judgment of the court below ex officio is corrected by adding "1. Selection of punishment: Imprisonment: Selection of imprisonment" to "the addition of imprisonment" after Chapter 5 of the court below'

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