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(영문) 울산지방법원 2016.06.24 2016노631
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment and two years of suspended sentence) is too unfluened and unreasonable.

2. The crime of this case committed by the Defendant is an act of escaping without any relief measures, such as harming three victims by shocking the damaged vehicles and destroying the damaged vehicles, and thus, the crime of this case is not against the liability for such crime.

However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects; (b) the Defendant’s insurance company paid the victims agreements, medical expenses, vehicle repair expenses, etc.; and (c) the Defendant has no particular criminal history except for those subject to a fine once in the past; and (b) other factors of sentencing in the course of the trial and records, such as the Defendant’s age, sex, family environment, motive and background of the offense; (c) the means and consequence of the offense; and (d) the circumstances after the commission of the offense, etc., the lower court’s punishment cannot be deemed unfair, as it is too una

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

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