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(영문) 광주지방법원 2016.08.23 2016노26

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to eight million won) is too unfilled and unfair (the prosecutor expressed his opinion that the Defendant should be punished by imprisonment with prison labor for eight months). 2. Determination of the lower court, although the Defendant committed the instant crime during the repeated crime period, the record of the instant repeated crime related to the said repeated crime is about the larceny crime different from the instant case.

The defendant's damage caused by the accident of this case is minor, and the defendant does not agree with the victims and the victims' punishment.

In addition, there is no record that the defendant committed the same crime as the crime of this case before.

In addition to the above circumstances, comprehensively taking into account all the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the commission of the crime, and the circumstances after the commission of the crime, it cannot be deemed that the sentence imposed by the lower court against the Defendant is too unreasonable.

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