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(영문) 수원지방법원 2015.11.04 2015노2046
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (7 million won of a fine) is too unhued and unreasonable.

2. The crime of this case was committed by the defendant without taking necessary measures, such as aiding and abetting the victim, even though the defendant's personal and material damage was caused while driving the vehicle, and the quality of the crime is not good in light of the contents of the crime. The defendant repeated the crime of this case even though he had the record of being subject to juvenile protective disposition for the same kind of crime in the past. In particular, even though he was sentenced to suspended execution on January 6, 2015 due to the violation of the Military Service Act on the 10th of the same month after the fourth day, the crime of this case was committed on the 10th of the same month. However, the defendant's liability for the crime of this case is not easy, but the degree of injury suffered by the victim of this case is relatively minor, and the victim of this case does not want the punishment of the defendant from the investigation stage, the same kind of crime as the above juvenile does not have any record of criminal punishment, and the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, etc.

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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