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(영문) 청주지방법원 2018.08.30 2018노597

특정범죄가중처벌등에관한법률위반(도주차량)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (the maximum of two years of imprisonment, the short of one year and six months, and the fine of 300,000 won) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant are as follows.

The defendant has no record of criminal punishment except juvenile protective disposition as a juvenile under 18 years of age. They are against the criminal punishment of this case when they substitute for each of the crimes of this case.

The circumstances unfavorable to the defendant are as follows:

In the past, the Defendant committed a crime of driving without a license, which is identical to the case in the past, repeated driving without a license despite the history of having received juvenile protective disposition, and did not take necessary measures such as causing a traffic accident and aiding the injured party while driving, thereby causing the death of the injured party. In light of the circumstances and degree of damage, the nature of the crime and the degree of damage are not easy.

The bereaved family members of the victim want to be punished by the defendant because they did not reach an agreement with the bereaved family members.

In addition, when considering the various sentencing factors indicated in the records of the instant case, such as the Defendant’s age, sex, environment, and circumstances after the crime, the sentencing judgment of the lower court is too heavy or it is not recognized that the lower court exceeded the reasonable scope of discretion because it is frighten.

3. In conclusion, since the appeal by the defendant and the prosecutor 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.