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(영문) 울산지방법원 2016.12.08 2016노1236
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, and one hundred and twenty hours of community service) declared by the court below is deemed to be too uneasy and unfair.

2. In light of the substance and circumstances of the instant crime, the degree of injury suffered by the victim, etc., although the nature of the instant crime is not somewhat weak, considering the following factors: (a) the Defendant recognized the Defendant’s mistake and reflects the Defendant; (b) the victim’s negligence without permission was the cause of traffic accident; (c) the Defendant sought the victim after the accident; (d) the Defendant agreed to do so with the victim; (c) the Defendant did not have any previous conviction; and (d) other factors of sentencing as indicated in the records and arguments, including the Defendant’s age, character and conduct, environment, and circumstances after the crime; and (e) the scope of recommendations (three months to one year) according to the sentencing guidelines of the Sentencing Committee of the Supreme Court [the scope of recommending punishment] (three months to one year] under the special mitigation area (three-one year after the injury) [special mitigation] (a) where the victim was committed by considerable negligence in the occurrence or the expansion of damage caused by traffic accident; and (b) the number of self-denunciation and the amount of punishment.

Therefore, prosecutor's assertion is without merit.

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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