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(영문) 대법원 2014.05.29 2014도4008
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, it cannot be deemed that the defendant voluntarily surrendered as alleged in the grounds of appeal, and even if the defendant voluntarily surrenders, the court can voluntarily reduce the punishment against the person who voluntarily surrendered, and the court below failed to reduce the number of self-denunciation.

Thus, it cannot be deemed unlawful.

In addition, according to the records, among the facts charged in this case, the court of first instance rendered a judgment dismissing a public prosecution on the ground that there was an expression of wish not to punish the victim E after instituting a public prosecution, but it can be known that there was no fact that the public prosecution was dismissed on the damage of property. Thus, among the facts charged in this case, there was no error in the judgment of the court below finding the defendant guilty as to the damage of property, as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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