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(영문) 대구지방법원 2014.08.21 2014노670
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the suspended sentence of a fine of five million won) declared by the court below is too unhued and unreasonable.

2. The offense is heavy by leaving the site as it is while the victim moved a bicycle without taking necessary measures to shock the victim who dried the bicycle on the crosswalk; and

The degree of damage caused by the victim's injury, such as a cage cage at the left-hand side in need of approximately 4 weeks of treatment, is not easy.

However, the Defendant is the first offender, and the Defendant recognized the mistake of the instant crime as a result of the trial, and is in profoundly against it.

The vehicles of the defendant are covered by comprehensive insurance, and the victim does not want to be punished for the defendant in consultation with the victim.

The defendant, immediately after the accident, reported that the victim moves his bicycle to India, thought that the victim was not shocked, and left the site, taking into account the circumstances.

In addition, in full view of the circumstances after the instant crime, the Defendant’s age, character and conduct, environment, and all the sentencing conditions shown in the records and pleadings, the sentence imposed by the lower court cannot be deemed unfair because it 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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