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(영문) 광주지방법원 2018.10.02 2018노2543
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized and reflected all of the instant crimes, and agreed with the victim at the investigation stage. On February 27, 2018, the equity should be taken into account when the judgment was rendered at the same time as a violation of the Punishment of Violences, etc. Act (joint injury) that became final and conclusive on February 27, 2018.

However, the crime of this case committed by the defendant while walking along the crosswalk in accordance with the signals of the crosswalk, even though the defendant escaped from the traffic accident where the defendant would suffer about three weeks of medical treatment, and then let a passenger drink alcohol to conceal his/her crime, and the crime of this case is bad.

In particular, the defendant committed the crime of this case even though he was committed during the period of repeated crime due to the crime of immigration.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not recognized as unfair because it is too unreasonable.

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

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