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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2014.04.25 2014노277
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is not appropriate in light of the following circumstances: (a) the defendant led to the confession of the crime of this case; (b) the vehicle driven by the defendant is deemed to have been covered by a comprehensive insurance and thus the damage to the victim is deemed to have been recovered; (c) the defendant agreed with the victim; (d) the crime of this case was committed in favor of the defendant; (e) the victim suffered an injury in need of about seven (7) weeks of medical treatment by causing a traffic accident involving the cargo vehicle driven by the defendant due to the negligence driven by the defendant while driving the vehicle in speed; (e) the above cargo vehicle was damaged to be repaired by the victim; and (e) the criminal act of this case was committed during the period of repeated offense; (e) the criminal act of this case was committed by the defendant during the period of repeated offense; and (e) the defendant was committed by the same criminal record; and (e) the defendant's age, character and behavior, environment, family relationship, circumstances after the crime,

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

(However, in accordance with Article 25 of the Regulation on Criminal Procedure, Article 35 of the Criminal Code is amended to "Article 35 and Article 42 of the Criminal Code" in the application of the Criminal Procedure Code to "Article 35 and Article 42 of the Criminal Code".

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