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(영문) 대구지방법원 2015.02.12 2014노4782
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In 1976, the Defendant did not have any history of criminal punishment for the crime of injury caused by occupational negligence in 1976, and recognized the errors of each of the crimes of this case and is in depth against them.

It seems that the damage caused by the traffic accident was partly recovered due to the vehicle driven by the defendant at the time of the crime of the escape vehicle. The amount of damage caused by each of the larceny vehicles in this case is less than KRW 3.3 million, and the amount of damage caused by the fraud is less than KRW 2.77 million.

However, a traffic accident caused by the defendant's negligence of changing the course of a vehicle from another side by causing a traffic accident involving the damaged vehicle driven by the defendant's negligence and thereby causing three victims to inflict bodily injury on the bones or the bones of the bones and the tensions that require two weeks medical treatment, and also immediately stops the damaged vehicle without taking necessary measures, and runs away without taking necessary measures.

The crime of larceny, fraud, etc. of this case was committed by the defendant taking photographs of the victims in the wedding place, etc., or using a credit card inside the bags with food, etc., and planned use of the victims' property. Thus, this part of the crime is very heavy.

Until the trial, the defendant was unable to reach an agreement with the victims or to recover the damage.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the sentence imposed by the court below cannot be deemed to be too unreasonable.

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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