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(영문) 부산지방법원 2014.07.25 2014노1201
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal is unjust because the sentence of a fine of KRW 10 million imposed by the court below against the defendant is too heavy or unhued.

2. The following facts are acknowledged: (a) the Defendant recognized each of the instant crimes and reflects his/her mistake; (b) the degree of damage from traffic accidents is relatively minor; and (c) the victims are paid medical expenses and repair expenses; and (d) an agreement has been reached with the victims.

On the other hand, each of the crimes of this case is recognized as having been sentenced to imprisonment for 8 months and 2 years of suspended execution on September 8, 201, by causing a traffic accident that causes the driver's shock of the victim's vehicle while driving a motor vehicle not covered by mandatory insurance, and thus causing the said victim and the victim E, who was on board, for about 2 weeks of injury requiring medical treatment, and also destroying the said motor vehicle and escape from it as they are. In order to conceal the crime, the crime of this case was committed by causing the external village dynamics to drive a driver, and the crime of this case was committed in violation of the Punishment of Violence, etc. Act (joint injury) by being sentenced to imprisonment for 8 months and 1 year of suspended execution, etc. on May 9, 2013 and the judgment of this case became final and conclusive on the 17th of the same month.

In full view of the circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age, environment, occupation, family relation, background leading to the instant crime, and circumstances after the commission of the crime, the lower court’s punishment cannot be deemed to be appropriate, hot or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

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

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