특정범죄가중처벌등에관한법률위반(도주치상)
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (two years of the suspended sentence of six months, the community service order 80 hours, the order to attend a law enforcement lecture) is too unreasonable.
2. The lower court appears to have sentenced the Defendant to punishment by taking into account the favorable and unfavorable circumstances of the Defendant.
In full view of the aforementioned circumstances, comprehensively taking account of the motive, circumstance, and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and records of punishment, and the matters regarding the conditions of sentencing, statutory punishment, and sentencing guidelines, the lower court’s judgment exceeded the reasonable bounds of discretion.
There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.
Therefore, the defendant's double punishment cannot be accepted.
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.