특정범죄가중처벌등에관한법률위반(도주치상)등
The prosecutor's appeal is dismissed.
1. The lower court’s sentence (one year of imprisonment and a fine of 200,000 won, three years of suspended sentence of imprisonment, and 40 hours of lectures of compliance driving) on the summary of the grounds for appeal is too unfasible and unreasonable.
2. The lower court appears to have determined the sentence within the reasonable scope of discretion, taking full account of the circumstances favorable to the Defendant and the unfavorable circumstances, and cannot find any special changes in circumstances that could change the sentencing after the pronouncement of the lower judgment.
In addition, considering the circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below against the defendant is too uneasible and unreasonable.
3. As the prosecutor’s appeal of the conclusion is without merit, it is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (In the case of a prosecutor at the trial of the same case, the prosecutor applied for the amendment of a bill of amendment to the indictment, which is corrected “as of January 6, 2018” as “as of January 16, 2018,” during the fourth trial of the facts charged in the instant case under Article 364(3) of the Criminal Procedure Act, and this court permitted the amendment of the indictment. However, the amendment of the bill of amendment to the trial of the party was merely corrected in writing, and thereby,
As such, the judgment of the court below is not reversed due to changes in the indictment, and Article 25(1) of the Rules on Criminal Procedure does not change the facts constituting the crime of the court below to “as of January 6, 2018,” “as of January 16, 2018,” in Article 25(1) of the Rules on Criminal Procedure.