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(영문) 창원지방법원 2017.05.11 2016노3181

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty of KRW 10 million) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant was subject to juvenile protective disposition four times or more due to drinking or non-licensed driving, and that the Defendant committed the instant crime since one year has not passed since he was released from prison due to the crime of this kind.

On the other hand, there are extenuating circumstances, such as the fact that the defendant acknowledges and reflects the crime, that the degree of injury suffered by the victim and the damage of the damaged vehicle is not serious, that the victim's physical and human damage was recovered, that the defendant paid 1.5 million won to the victim, and that the victim does not want the punishment of the defendant under the agreement with the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.