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(영문) 서울중앙지방법원 2017.01.12 2016노3601

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment and two years of suspended sentence) is deemed to be too unfortunate and unfair.

2. In addition to the circumstances that the court below considered the defendant's unfavorable to him (the crime of this case was committed while under the influence of drinking, which is the defendant, and the nature of the crime is poor and the alcohol concentration of the defendant is very high to 0.228% and thus it is necessary to consider the social risk) and favorable circumstances (the defendant has no record of criminal punishment as a primary offender, reflects the crime, subscribe to a comprehensive insurance, and agreed with victims and victims), there is no special change of circumstances that make it possible to change the sentence imposed by the court below, and there are other various circumstances that are the conditions for sentencing as shown in the records, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, etc., it does not seem that the sentence imposed by the court below is unfair because it is too uneasible.

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