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(영문) 의정부지방법원 2015.06.09 2015노518
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. Determination

A. The circumstances favorable to the Defendant include: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victims agreed with the victims; and (c) the victims did not want to be punished against the Defendant; and (d) there was no particular criminal history after 2003.

B. However, the instant crime is driving a motor vehicle.

In full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the argument, the lower court’s punishment is not deemed to be too unreasonable, as it did not take any measures such as causing traffic accidents, causing injury to the victims, destroying the vehicle, and aiding the victims, and failing to take any measures such as aiding and abetting the victims. The lower court’s punishment is determined to be a fine of KRW 3 million after discretionary mitigation in light of the favorable circumstances of the Defendant.

C. Therefore, the defendant's above assertion is without merit.

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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