특정범죄가중처벌등에관한법률위반(도주치상)등
The judgment below
Of the defendants A, the part of the defendant is reversed.
Defendant
A shall be punished by imprisonment for a maximum term of three years and a short term of two years.
Defendant .
1. The sentence of the court below (Defendant A: 4 years long-term, 3 years short-term, and 6 months of imprisonment) on the summary of the grounds of appeal is too unreasonable.
2. Determination
A. Defendant A’s unlawful uttering of another person’s official document for a short period of time, leaving a vehicle siren, driving a siren without a driver’s license, and repeated three times an act of causing a traffic accident while flying a siren, and repeated the crime, such as stealing another’s money or destroying property without any particular criminal charge, and acquiring or arranging stolen goods, etc. In addition, it is inevitable to impose strict punishment due to poor nature of the crime and considerable damage.
However, in light of the fact that the defendant has yet to be aged juveniles, the attitude of reflecting each traffic accident, the damage of each traffic accident is not serious, the PP and the original trial of the victim of special larceny, and the fact that the victims do not want the punishment of the defendant by mutual agreement between the victim AF of the traffic accident and the trial of the original trial, the above victims do not want the punishment of the defendant, and the conditions of all the sentencing specified in the records and arguments of the case, including the defendant's age, sexual behavior, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime, the court below's punishment
B. Although considering the fact that Defendant B still has ageed, reflects, and reached an agreement with the victim P, these points appears to have been already considered in the lower court, and it is inevitable to sentence a sentence only when considering the fact that the Defendant committed a crime during the grace period even when the Defendant was sentenced to a stay of execution of imprisonment for the same kind of crime.
In addition, considering the Defendant’s age, sex, environment, family relationship, motive, method of crime, and circumstances after the crime, etc., various sentencing conditions specified in the instant records and arguments, the lower court’s sentence, which sentenced the lower court’s lower limit by reducing the amount from statutory penalty, is too unreasonable.
3. Accordingly, Defendant A’s appeal is reasonable.