logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.02.04 2015노3891
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and expressed an attitude against the victim; that the court below deposited five million won for the victim; that the vehicle driven by the defendant is covered by the comprehensive motor vehicle insurance; and that the defendant was the first offender who had no record of criminal punishment before the case.

However, the crime of this case is deemed to have escaped without taking relief measures even though the defendant was under the influence of alcohol and suffered a serious injury by elderly victims, in light of the contents of the crime, etc., the crime is not good in light of the crime, the alcohol concentration in blood is relatively high by 0.154%, and the victim's family members want to take severe punishment against the defendant, and the crime of this case was not yet agreed with the victim, and all other sentencing conditions in light of the defendant's age, sexual behavior, environment, criminal background, circumstances after the crime, etc., and all other sentencing conditions as indicated in the records and arguments of this case, such as the defendant's age, sexual behavior, crime, circumstance after the crime, etc., it cannot be deemed that the punishment imposed by the court below is unfair because it is too heavy or unfilled.

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

arrow