교통사고처리특례법위반(치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. The defendant asserts that the defendant's punishment (two years of imprisonment and a fine of 500,000 won) against the defendant sentenced by the court below is too unreasonable, and the prosecutor asserts that the defendant is too unfeasible and unfair.
2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.
The court below seems to have sentenced the defendant to the punishment by taking into account the favorable and unfavorable circumstances of the defendant.
In full view of the aforementioned circumstances, comprehensively taking account of the motive, circumstance, and consequence of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and records of punishment, and the matters regarding the conditions of sentencing, statutory punishment, and sentencing guidelines, the lower court’s judgment exceeded the reasonable bounds of discretion.
There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.
Therefore, we cannot accept all the grounds for appeal by the defendant and the prosecutor.
3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that each appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.