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(영문) 대전지방법원 2015.05.28 2014노3047
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) imposed by the lower court on the Defendant is too uneased and unreasonable.

2. It is recognized that the Defendant’s act of causing serious injury to the victim during the instant accident requires more than three months of medical treatment, and that the Defendant’s act of escape without any relief measures, etc. is not good.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the lower court’s punishment against the Defendant is adequate and too unreasonable, and thus, the Prosecutor’s allegation of unfair sentencing is without merit, on the grounds that it is unreasonable, given that the Defendant’s punishment against the Defendant is inappropriate and 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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