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(영문) 수원지방법원 2016.02.17 2015노7463
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant escaped, but voluntarily surrenders to an investigative agency; (b) the time to commit the crime; (c) the vehicle driven by the defendant was subscribed to a comprehensive motor vehicle insurance; (d) the investigative agency agreed with the victim E; (c) the court below paid additional damages to the victim E in the trial; (d) the degree of injury suffered by the victim E is relatively minor; and (e) the defendant was punished by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) on March 2013; and (e) there is no other history of criminal punishment except for a crime of violation of the Act on the Punishment of Violences, etc. (collective, deadly, etc.). However, the crime of this case threatens the victim C with a dangerous object; (e) continuous driving of the motor vehicle without taking necessary measures to inflict personal and physical damage on the victim E by occupational negligence; (e) the defendant's motive, method and content of the crime; and (e) the defendant's motive and reason for the punishment of the crime of this case.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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