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(영문) 광주지방법원 2017.04.13 2016노1589

특정범죄가중처벌등에관한법률위반(도주차량)등

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The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable because it is too unfasible.

2. The fact that there are many victims of judgment is unfavorable to the defendant.

However, considering the fact that the degree of injury suffered by the victims is relatively minor, that the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance, that the Defendant recognizes and reflects his/her mistake, and that other circumstances revealed in the arguments in this case are equally considered, the lower court’s punishment is too unfasible and thus, it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.