beta
(영문) 광주지방법원 2015.04.29 2014노1688

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in August, community service order, 80 hours of community service order, and 40 hours of order to attend a compliance driving lecture) of the lower court is deemed to be too uneasy and unreasonable.

2. The judgment of the court below is a favorable condition that the defendant committed the crime of this case again even though he was punished several times for the same crime, on the other hand, the defendant recognized his mistake and reflects it, the defendant agreed with the victim, and the defendant has no record of punishment other than the fine. In addition, taking into account the circumstances of the crime of this case, the circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the court below's punishment is too unreasonable, and thus the prosecutor's above assertion is without merit.

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