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(영문) 광주지방법원 2017.03.22 2017노21

교통사고처리특례법위반등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged in this case, the court below dismissed the prosecution against the victim C, and found the defendant and the public prosecutor guilty of the remaining facts charged. Since the defendant and the public prosecutor filed an appeal only to the guilty part, and dismissed part of the public prosecution which did not appeal the defendant and the public prosecutor became final, the scope of the party member's judgment is limited to the part which

2. Summary of reasons for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

3. Considering the fact that the defendant committed the instant crime repeatedly even if he/she had a criminal record of the same kind at several times, and that the defendant committed multiple crimes during the short period, strict punishment against the defendant is necessary.

However, considering the fact that the defendant divided his mistake, the fact that the defendant agreed with some victims, and the age, sex and environment of the defendant, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

4. 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.