(영문) 청주지방법원 2015.10.23 2015노435 | 리걸엔진

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(영문) 청주지방법원 2015.10.23 2015노435

특정범죄가중처벌등에관한법률위반(도주차량)등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years, one hundred and sixty hours, and one hundred and sixty hours) declared by the court below is deemed to be too uneasy and unfair.

2. The instant crime committed by the Defendant, while driving a vehicle, was committed by the victim E, who was stopped by the vehicle stop signal at the front of the vehicle, sustained each injury on the left side of the vehicle driven by the Defendant, by taking the victim E, E, E, and H, and at the same time, destroyed the vehicle of the victim E (such as the exchange of e-mailers, 4,258,412) and escaped without taking necessary measures, such as aiding the victims and aiding the vehicle, and thus, the illegality of the act is not somewhat weak.

In addition, the defendant has not yet reached an agreement with the victims.

In addition, considering the fact that the defendant was punished five times by a fine for another crime before the crime of this case, and the victims want to be punished against the defendant, it is necessary to strictly punish the defendant.

However, the Defendant appears to have committed all of the instant crimes and committed a misunderstanding.

Moreover, the Defendant did not have been sentenced to the suspended sentence or heavier before committing the instant crime and had no record of being sentenced to the suspended sentence or heavier.

In addition, in full view of the following circumstances: (a) the degree of each injury suffered by the victims due to the instant crime; (b) the Defendant’s vehicle is covered by a comprehensive motor vehicle insurance policy; and (c) the Defendant’s age, character and conduct, intelligence and environment; (d) relationship to the victims; (e) motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, the punishment determined by the lower court is too unjustifiable and unreasonable.

The prosecutor's ground of appeal cannot be accepted.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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