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(영문) 인천지방법원 2013.11.08 2013노2241
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (a fine of six million won) is too unreasonable.

2. It is recognized that the judgment of the defendant reflects the crime, is in an economically difficult situation, and the damage recovery was made by the insurance purchased by the rental car company.

However, in light of the following circumstances: (a) the Defendant escaped without immediately taking relief measures, etc. even though the front part of the damaged vehicle was deprived of the front part of the damaged vehicle due to the instant accident; (b) the lower court partially mitigated the fine for a summary order (7 million won) by taking account of all the circumstances favorable to the Defendant; and (c) there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and (d) other various circumstances, including the Defendant’s age, character and behavior, environment, criminal record relation, and circumstances after the commission of the crime, etc., on the grounds that the sentence imposed by the lower court is too unreasonable. Thus, the Defendant’s assertion is not acceptable on the grounds that the Defendant’s punishment imposed by the lower court is too excessive.

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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