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(영문) 서울남부지방법원 2020.01.09 2018노2363

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

In full view of the following circumstances: (a) the degree of injury suffered by the victim at the time of committing the instant crime is minor; and (b) the Defendant does not want punishment by mutual consent with the victim after committing the instant crime; (c) the Defendant’s age, character and conduct, environment, relationship with the victim, motive and consequence of the instant crime; and (d) the sentencing conditions indicated in the records and arguments, such as the circumstances after committing the instant crime, do not seem to be too minor beyond the scope of reasonable discretion.

The prosecutor’s assertion of unfair sentencing is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.