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(영문) 수원지방법원 2017.03.15 2016노5002
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in one year and six months of imprisonment) is too unhued and unreasonable.

2. The fact that the defendant's negligence is severe and the degree of injury of the victims is not less severe, and the necessity of punishment is high due to the occurrence of traffic accidents and escape.

On the other hand, it is favorable for the victims to repent their mistakes in depth, and there is no record of criminal punishment except before a fine has been imposed for ten years, deposit some money for the victims, and the fact that the Defendant vehicle is subscribed to the comprehensive motor vehicle insurance.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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