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(영문) 광주지방법원 2020.06.25 2019노1843

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment of this case is an unfavorable circumstance where the defendant escaped without taking relief measures after causing a drinking accident.

On the other hand, there are favorable circumstances such as the fact that the defendant recognized and reflected the crime of this case, the fact that the victim agreed with the victims, and the fact that there is no particular criminal power in Korea.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, as well as various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment is deemed too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.