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(영문) 대구지방법원 2017.06.01 2017노1453

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. However, it is recognized that the defendant's mistake is recognized, and that the injured person does not have the punishment of the defendant in agreement with the injured person.

However, even though the defendant is a different type of crime, it is not clear that he/she was sentenced to the suspended sentence without being aware of it during the suspended sentence period, and that he/she committed a traffic accident in violation of the signal of three months or less, and it is not good to commit such crimes as instigating false statements to avoid criminal punishment and obstructing the exercise of legitimate criminal justice power.

In light of the above circumstances and other conditions of sentencing as shown in the records and arguments, such as the character and conduct, the environment, and the circumstances after the crime, and the circumstances where there is no change in the conditions of sentencing compared to the first instance court and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them (see Supreme Court Decision 2015Do3260 Decided July 23, 2015), etc., the lower court’s punishment is too unreasonable.

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