(영문) 청주지방법원 2018.01.19 2017노1440 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2018.01.19 2017노1440

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the defendant (six months of imprisonment) sentenced by the court below is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The Defendant’s series of crimes of this case committed in violation of the traffic laws and regulations to avoid the police officers’ attack, and committed the instant traffic accident again without taking relief measures against the victims, and the Defendant’s liability is very heavy.

In addition, the crime of this case occurred during the period of repeated crime, and the defendant has committed a serious punishment in that he committed the crime of this case even though he had a large number of criminal offenses.

On the other hand, the defendant recognized the crime of this case and is divided.

The result of the victims' damage is relatively less severe and the victim E was agreed with.

In 2008, the past records of criminal defendant's punishment for the same criminal records are the last records.

In addition, the judgment of the court below exceeded the reasonable bounds of discretion in light of the following factors: (a) the motive, circumstance, and result of the crime in the trial; (b) the circumstances after the crime; (c) the Defendant’s age; (d) the Defendant’s sexual conduct; and (e) the statutory penalty, etc.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, we cannot accept all the grounds for appeal by the defendant and the prosecutor.

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

유사 판례

-수원지방법원 2017.05.12 2016노7382

-청주지방법원 2018.01.19 2017노991

-부산고등법원 2018.11.07 2018노509

-서울남부지방법원 2017.11.02 2017노1232

-대구지방법원 2018.06.21 2018노45