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(영문) 춘천지방법원 2014.08.27 2014노124
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant A (six years of imprisonment) sentenced by the lower court against the Defendant is too unreasonable.

B. The Prosecutor’s sentence sentenced by the lower court to the Defendants (six years of imprisonment, two years of suspended execution in one year of imprisonment, and three hundred hours of social service) is deemed to be too unhued and unreasonable.

2. The judgment of the court below is a favorable circumstance for the defendants, such as that the defendants recognized their mistakes and reflects their depth, that there was no history of criminal punishment against the defendants, that the defendants deposited KRW 20 million in the court below's judgment for the victims, that the defendant Gap deposited KRW 40 million in the court below's 20 million, that the vehicle driven by the defendant A was covered by an automobile comprehensive insurance, and that each of the crimes of this case is very poor in light of its contents. The crime of this case was committed in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) and the victim's serious mental shock that resulted in the death of the victim, and that the victim's bereaved families were faced with the victim's severe punishment until the court below was just, and that the defendants did not reach an agreement with the victim until the victim was just, and the defendants' bereaved families were disadvantageous to the defendants, the motive and circumstances leading up to each of the crimes of this case, the age and character of the defendants, etc. after the crime, and the records are considered too unreasonable or there were no grounds for sentencing.

3. In conclusion, since the appeal by Defendant A and the appeal by the prosecutor against the Defendants is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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