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(영문) 서울중앙지방법원 2018.07.12 2018노934

특정범죄가중처벌등에관한법률위반(도주치상)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (2.5 million won) imposed by the lower court is too unreasonable.

2. The judgment is the primary offender, and the facts of the crime are recognized and divided, and the mother of the victim does not want the punishment of the defendant under an agreement with the injured party, and there are favorable circumstances for the accused.

However, in this case, even if the defendant suffered an injury by taking the victim, who is the front part of the crosswalk in front of the crosswalk in front of the crosswalk in the facts charged, he immediately left the crosswalk without making efforts to take into account the condition of the victim who was the victim of the crosswalk in front of the crosswalk in front of the crosswalk in the facts charged, and as soon as the victim did not have any way to complete the crosswalk, the crime was considerably poor, and the court below set the punishment by significantly reducing the fine amount of the summary order in consideration of the above circumstances favorable to the defendant, and taking into account all other circumstances, such as the defendant's age, sex, environment, circumstance and consequence of the crime, the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments of this case, it cannot be deemed unfair because the sentence imposed by the court below is too excessive.

The above assertion by the defendant is without merit.

3. According to the 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.