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(영문) 광주지방법원 2015.06.11 2015노567
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

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

Judgment

It is a favorable sentencing factor such as the fact that the defendant's mistake is recognized, that the automobile of the defendant is covered by the automobile comprehensive insurance, and that the defendant has no criminal history above the suspended execution.

On the other hand, the defendant escaped without taking necessary measures against the victim due to the negligence of violating the duty of brupting, and caused the result of the victim's death. The crime of this case is very significant, and the victim's bereaved family members want to be punished for severe punishment against the defendant.

In addition, considering the circumstances of the instant crime, circumstances after the instant crime was committed, the Defendant’s age, character and conduct, and environment as a whole, it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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