logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.03.26 2014노4761
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The judgment appears to be contrary to the crime of this case, the defendant has no criminal record of suspended execution or more, the fact that the defendant was covered by the automobile comprehensive insurance at the time of the accident, and the fact that the defendant was deposited for the victim at the time of the accident, etc. are favorable to the defendant.

However, even though the victim who pursued approximately 11 km after the accident was committed at the time of committing the crime, the Defendant committed an extremely dangerous act, such as backing again the victim’s hands on the window of the harming vehicle, even though the victim was demanded to get off the Defendant, and attempted to destroy evidence by repairing the harming vehicle even after being called by the police officer on the day following the accident.

In full view of the aforementioned circumstances and various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances leading to the sentencing as shown in the pleadings, the lower court’s sentence is too unreasonable even if considering all favorable circumstances for the Defendant.

Defendant’s assertion is without merit.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow