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(영문) 서울동부지방법원 2016.03.18 2015노1439
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (the penalty amount of KRW 5,00,000) is too unreasonable.

2. The judgment of the accused is the first criminal without any criminal record, and the fact that the accused appeared at an investigative agency and voluntarily surrenders to the police following the crime can be considered as normal data favorable to the accused.

However, the Defendant’s crime of this case committed the crime of this case was committed while driving a car, causing a traffic accident while trying to change the lane, resulting in injury to the two victims, and, at the same time, did not take any measures even after destroying the vehicle owned by the victim, and the nature and circumstances of the crime are very heavy, and taking into account various sentencing conditions, such as the Defendant’s age, sexual behavior, environment, etc. as indicated in the records of this case, the sentence of the lower court is not heavy even if considering the above favorable normal data.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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