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(영문) 인천지방법원 2013.06.28 2013노871
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, 40 hours of law enforcement course, 120 hours of community service work) that the court below sentenced is too unfasible and unfair.

2. Although the defendant has been punished several times for the same crime, the defendant has a record of being punished several times for the same crime, the damage caused by the accident in this case is not serious, a comprehensive motor vehicle insurance is subscribed to, and a criminal agreement amount is deposited in a set of money, and the sentence against the defendant is determined in full consideration of the various circumstances mentioned above, and there is no change of circumstances that may vary between the court below and the punishment. In light of other circumstances, including the defendant's age, character and behavior, environment, circumstances after the crime, and motive and circumstance of the crime, etc., the prosecutor's assertion is not acceptable since the defendant's punishment imposed by the court below is too uneasible.

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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