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(영문) 인천지방법원 2013.05.10 2012노3783
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and forty hours of order to attend a compliance driving) that the court below sentenced is too unhued and unreasonable.

2. Although the liability for the crime of this case cannot be deemed to be light, the damage caused by the accident of this case is relatively minor, the vehicle is covered by the comprehensive motor vehicle insurance, the victims and all victims have agreed smoothly, the sentence against the defendant seems to have been determined in full consideration of the various circumstances as seen earlier, and there is no change of circumstances that may vary between the court below and the punishment. In full view of all other circumstances, including the defendant's age, character, character, environment, family relation, criminal record, circumstances after the crime, and motive and circumstance of the crime, etc., the prosecutor's assertion is without merit, and thus, it cannot be deemed unfair since the defendant's punishment imposed by the court below is too too small.

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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