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(영문) 광주지방법원 2018.07.12 2017노4448

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The crime of this case committed by the Defendant without a license is considered to have committed the crime of this case, and the crime of this case was committed in a manner that did not take measures to cause a traffic accident while driving without a license, and the crime of this case was committed again despite the fact that the Defendant had been punished several times as the same crime.

On the other hand, the fact that the defendant recognizes and reflects his mistake, surrenders himself, and the degree of injury suffered by the victim F and H is relatively weak, and the above victims do not want to punish the defendant.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.