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(영문) 서울고등법원 2017.04.13 2017노710
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and a fine of 400,000 won) is too unfeasible, in light of the criminal records of the defendant, the risk of repeating a crime, and the failure to agree with some victims, etc.

2. In full view of all the sentencing conditions indicated in the records and arguments of this case, including the fact that the court below decided on the grounds of sentencing, agreed with most victims, and deposited money for the victim R, etc., the defendant committed each of the crimes of this case while serving delivery in difficult circumstances, and the defendant did not reach the age of 19 years at the time of each of the above crimes, etc., it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. However, pursuant to Article 25 of the Regulation on Criminal Procedure, “Article 38(1)3 and 6” in the column for “1. Concurrent Crimes” as “Article 38(1)2 and 38(1)3” shall be corrected ex officio. It is so decided as per Disposition.

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