beta
(영문) 수원지방법원 2017.10.18 2017노3789

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won in penalty) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s deep reflects on the instant crime; (b) the primary offender; (c) the agreement with the victim; and (d) the Defendant’s mental health appears to be not good; and (c) the Defendant’

However, considering the above circumstances favorable to the defendant, the court below seems to have reduced the amount of fine under the summary order taking into account the above circumstances, and there is no particular change in the sentencing conditions in the appellate court, and taking into account all other circumstances that form the conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable, and thus, the defendant's assertion is without merit.

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