특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal appealed from the lower court’s punishment (two years and six months of imprisonment) so far as the Defendant was so unfasible, and the Prosecutor appealed from the lower court’s punishment too unfasible and unfair.
2. The fact that the defendant recognized his mistake and reflected his mistake is favorable.
On the other hand, in light of the applicable law of each of the crimes of this case and the degree of damage of victims, etc., each of the crimes of this case committed again even though the defendant had been punished several times for the same crime and had been employed for repeated crime period. Nevertheless, the victims did not take all measures to recover damage, such as agreement with the victims, and attempted to destroy evidence after the crime, etc., is extremely poor.
In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too heavy or unbrupted, and thus, cannot be deemed unfair. Therefore, the Defendant and the Prosecutor’s assertion is without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.