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(영문) 서울고등법원 2014.11.27 2014노2560
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's punishment (two years of imprisonment with prison labor, four years of suspended sentence, and probation order) is too unhued and unreasonable;

2. The judgment is a condition for sentencing unfavorable to the Defendant, such as the following: (a) the Defendant, while driving a vehicle in the state of driving the vehicle under the influence of driving the vehicle, attempted to inflict an injury by shocking the victim; (b) damaged the public goods under the control of the patrol vehicle that sculed it; and (c) starting the vehicle without complying with the direction of the vehicle to demand the vehicle; and (d) the nature of the crime of the instant crime that inflicted an injury on the police officer by starting the vehicle without complying with the direction of the vehicle to demand

However, in full view of the following circumstances: (a) the Defendant divided his own criminal act into depth, and (b) was doing so in the future and attempted not to prevent such mistakes; (b) the degree of injury suffered by the victims due to the instant criminal act is not severe; (c) the victims do not want punishment against the Defendant; (d) the Defendant requires regular medical treatment by undergoing a simple type operation; and (e) the Defendant’s age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., the Defendant’s punishment cannot be deemed as being too unjustifiable, and thus, 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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