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(영문) 울산지방법원 2017.05.26 2017노289
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The instant crime was committed by the Defendant with the vehicle of the Defendant, resulting in the Defendant’s injury requiring approximately 14 weeks of treatment, and runs away without any relief measures, and the Defendant’s negligence is not weak, and the Defendant’s injury is serious, etc. is disadvantageous to the Defendant.

On the other hand, the fact that the defendant voluntarily attended the investigative agency to make a confession of the crime and reflects his fault in depth, that the defendant does not want punishment against the defendant by agreement with the victim in the original trial, and that there is no criminal record against the defendant, are favorable to the defendant.

In full view of the above unfavorable circumstances and favorable circumstances, and all the conditions of sentencing as shown in the pleadings, such as the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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