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(영문) 대전지방법원 2014.06.12 2013노3055
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment is based on the following facts: (a) although the defendant is led to confession and reflect, and the agreement was reached smoothly with the victim, the crime of this case is deemed not sufficient to be a crime committed by the defendant due to the negligence of violating the signal, and the damage of the victim's vehicle, and the nature of the crime of this case is not good; (b) the defendant committed the crime of this case without being aware of the fact that the defendant is pending in the appellate trial even though he was a crime finalized in the judgment of the court below; (c) the crime of this case and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape-rape, etc.) of the Act on the Protection of Children and Juveniles against Sexual Abuse, are deemed to have been sufficiently considered in the judgment of the court below; and (d) other factors of sentencing as provided in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive and background of the crime, method and consequence

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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