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(영문) 인천지방법원 2013.06.21 2012노3530
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (7 million won of a fine) imposed by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, after the instant accident, runs away from 5 km or more of the victim, failed to follow the direction of the instant crime, and actively denies a crime by an investigative agency, etc. However, the nature of the instant crime is not good, but the Defendant’s assertion of the Defendant and the Prosecutor is not accepted since the lower court’s judgment, taking into account the following circumstances: (a) the Defendant’s age, character and behavior, environment, criminal record, criminal record relationship, circumstances after the instant crime, and motive and circumstance of the crime; and (b) the victims do not have been punished; and (c) other circumstances, including the Defendant’s age, character and behavior, environment, criminal record, criminal record relationship, motive and circumstance of the crime, etc., are considered as conditions for the instant argument and sentencing as indicated in the record. Therefore, the lower court’s sentence is too high

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, the judgment of the court below is clearly erroneous in the misunderstanding of "one year and six months of imprisonment" under Article 25 (1) of the Regulations on Criminal Procedure, and such an ex officio rectification shall be made pursuant to Article 25 (1) of the Regulations on Criminal Procedure.

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