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(영문) 부산지방법원 2016.04.01 2015노3494
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. The judgment of this case is recognized that the circumstance is that the Defendant did not properly close the door of the cargo partitions and drive a cargo vehicle (a non-license) while the cargo partitions conflict with the victim, resulting in an injury in need of approximately two weeks of care and leaving the site without taking any particular relief measures, and that the case does not be light, and that the Defendant did not agree with the victim until the depth of the party.

However, in full view of the following circumstances: (a) the Defendant led to the confession of part of the instant crime, and the victim’s injury is relatively minor; (b) at the time of the accident, the Defendant was aware of the occurrence of the accident by the victim who was driving away from the Defendant but was unilaterally aware of the occurrence of the accident; (c) the victim appears to have unilaterally left the scene of accident by “the Defendant”; (d) the Defendant did not have any record of criminal punishment heavier than the suspension of execution; and (e) the Defendant did not have any other record of criminal punishment; and (e) the Defendant’s age, occupation, environment, family relationship, the background leading to the instant crime, and the circumstances before and after the instant crime, etc., the sentence of the lower court is too unjustifiable and unreasonable.

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

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