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(영문) 수원지방법원 2017.10.18 2017노4189

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for eight months of imprisonment, and forty hours of lectures for compliance driving) is too uneasible and unfair.

2. In full view of the following: (a) the Defendant had three previous drivers without the same type of driver’s license and is not agreed with some victims; (b) the Defendant reflects the Defendant’s mistake; (c) the Defendant had no record of criminal punishment prior to and after the lapse of 2010; (d) the degree of damage was relatively heavy; and (e) other various sentencing conditions specified in the instant pleadings, including the circumstances leading up to the instant crime; (b) the circumstances following the instant crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior and the environment, etc., the lower court’s punishment is too uneasible

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