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(영문) 대전지방법원 2015.10.15 2015노2345
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court against the Defendant is too unreasonable.

2. The judgment of this case is a case in which the defendant, by shocking the driver's vehicle of the victim, injured the victim, and did not immediately stop the vehicle and take necessary measures, such as providing relief to the victim, and the nature of the crime is not good.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence, the circumstance before and after the commission of the crime, the lower court’s punishment against the Defendant is too unjustifiable and thus unreasonable, it appears that the injury suffered by the victim seems to have been relatively low, the Defendant did not want to punish the Defendant, the Defendant’s vehicle was subscribed to comprehensive motor vehicle insurance at the time of the instant case, the Defendant’s vehicle was not subject to criminal punishment, and the Defendant’s age, character and conduct, environment, motive, means and consequence, and other factors before and after the commission of the crime. Therefore, 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 as it is without merit. It is so decided as per Disposition.

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