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(영문) 부산지방법원 2013.07.26 2013노1032
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal is that the sentence of two years of suspended execution, and the sentence of 120 hours of community service order, which is too unhued and unreasonable in six months of imprisonment sentenced by the court below.

2. It is recognized that the Defendant recognized all the crimes of this case and misunderstandings the fact that the Defendant would not repeat the crime of this case, such as disposing of the vehicles used in this case, etc., and that the degree of injury suffered by the victim is relatively small, the Defendant suffered economic difficulties as a basic living recipient, and that the Defendant deposited a total of one million won (30,000 won + seven million won) for the victim at the time of the trial.

However, in full view of all the circumstances such as the Defendant’s age, environment, occupation, family relationship, and circumstances after committing the crime, the lower court’s sentence against the Defendant is somewhat unreasonable, considering the following as a whole: (a) the Defendant’s driving of a motor vehicle that was not covered by mandatory insurance and escaped from the accident; (b) the Defendant committed the instant crime despite the fact that he was sentenced to a suspended sentence for the same kind of crime; (c) the Defendant was aware of the occurrence of the accident in light of the degree of damage caused by the instant accident; (d) the Defendant, without obvious reason, runs away from the scene of the accident; and (e) the Defendant’s escape from the scene of the accident without any obvious reason; and (e) the Defendant’s age, environment, occupation

The prosecutor's above assertion is with merit.

3. In conclusion, the prosecutor's appeal of this case is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as that of each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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