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(영문) 서울북부지방법원 2017.08.22 2017노947

도로교통법위반(사고후미조치)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. The Defendant committed the instant crime without being subject to the period of suspension of execution due to interference with official duties, etc. is disadvantageous circumstances.

However, the damage caused by the instant crime is relatively serious.

It is difficult to see the defendant in agreement with the victim, and the victim does not want to punish the defendant.

The judgment below

There is no change in circumstances to consider the sentencing of the accused.

In addition, considering all elements of sentencing as shown in the records and arguments of this case, the sentencing of the lower court is conducted within the reasonable scope of discretion, and it cannot be deemed unfair as it is too uneasible.

Therefore, prosecutor's assertion is not accepted.

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.