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(영문) 전주지방법원 2013.04.19 2012노1419
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 10,000,000 won of fine) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant was sentenced to a suspended sentence of imprisonment for a violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.) and a violation of the Punishment of Violences, etc. Act (the act of causing injury to a group, deadly weapon, etc.) and committed the crime of this case during the suspended sentence period. The crime of this case is committed by the defendant, who caused the injury to the victim by the negligence bypassing the vehicle of the victim as it is without taking measures such as aiding the victim, etc. even though he damaged the vehicle, and caused the victim to escape from the vehicle, and caused the victim to make a false statement to the effect that he/she caused the traffic accident, and that the crime of this case and the crime of this case are not mitigated.

However, in full view of the following circumstances: (a) the Defendant has no record of punishment for the same crime; (b) the degree of injury suffered by the victim is minor; (c) the Defendant agreed with the victim and recognized the instant crime; and (d) other circumstances that are conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the crime, the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too unreasonable.

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

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