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(영문) 울산지방법원 2016.05.12 2016노52
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, 80 hours of community service, and 40 hours of order to attend a course in the period of eight months of imprisonment) is too unhued and unreasonable.

2. Determination on the degree of negligence and the circumstances leading up to the crime, etc. of the defendant; the fact that the agreement with the victim has not been reached is not easy; the fact that the defendant is disadvantageous to the defendant; the defendant's mistake is recognized and against the defendant; the degree of injury to the victim is relatively heavy; the victim appears to have been partly damaged by the insurance company; and the scope of recommended punishment (not less than eight months of imprisonment) according to the sentencing guidelines set by the Supreme Court's sentencing committee in addition to various sentencing conditions as shown in the records and arguments, such as the defendant's age, sexual behavior and environment; and the circumstances after the crime, etc. [the types of decisions] [the scope of recommended punishment [the person subject to special sentencing] [the scope of recommended punishment] [the scope of punishment for eight months or more to one year and six months [the scope of recommended punishment revised according to the guidelines for handling multiple crimes]] above [the scope of imprisonment with prison labor for a violation of Road Traffic Act (licenseless driving]; so, it cannot be considered that the above sentencing range is too unfair.

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.

However, pursuant to Article 25 of the Rules on Criminal Procedure, the date and time of the crime of violation of Road Traffic Act (unlicensed driving) among the facts constituting the crime of the lower judgment shall be corrected from “ around April 11, 2015, 07:00” to “ around April 9, 2015, 07:00.”

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