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(영문) 의정부지방법원 2013.05.31 2013노77
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years, for five years of probation, for 80 hours of compliance driving, and for community service order for 200 hours) imposed by the lower court is deemed to be too uneasible and unfair.

2. It is true that the fact that the defendant, while driving without obtaining a license, has caused the serious result of the death of the victim as a result of the defendant's escape, requires the strict punishment of the defendant as the sentencing materials disadvantageous to the defendant.

However, since the defendant's vehicle is covered by a comprehensive automobile insurance and the victim's bereaved family members are paid approximately KRW 100 million insurance money, in addition to insurance money, the defendant's agreement was reached between the defendant and the victim on the condition that the victim's bereaved family members pay KRW 800,000 per month to the victim's bereaved family members over 50 months, if the defendant's sentence is sentenced, it would be likely that the implementation of the above agreement would hinder if the defendant's sentence is sentenced, and the defendant's age, character, character, environment, family relationship, circumstances of the crime, means and consequence of the crime, and the circumstances after the crime were committed, the court below's sentence is appropriate and it is not recognized that it is unfair, therefore, the defendant'

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.

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