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(영문) 울산지방법원 2015.06.05 2015노211
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five years of suspended sentence for three years of imprisonment, two hundred hours of community service, and forty hours of order to attend a course) of the lower court is deemed to be too uneasible and unreasonable;

2. In full view of the following facts: (a) the Defendant did not take any relief measures despite shocking the victim who was pushed a Libera in a way that is facing the direction of the proceeding; and (b) the victim was killed in transit to the hospital due to the instant accident; and (c) the liability for such crime is not easy in full view of the following facts:

However, considering favorable circumstances, such as the fact that the defendant is a primary offender, that the victim's bereaved family members were paid insurance money, that the victim's bereaved family members do not want the punishment of the defendant, and that the victim's negligence appears to exist in the accident of this case, the court below's sentencing factors in the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., are considered as being too uneasible, and thus, the prosecutor's above assertion is without merit.

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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