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(영문) 창원지방법원 2018.10.18 2018노1981
교통사고처리특례법위반(치상)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (in each case’s sentencing) that the court below rendered is too heavy or unreasonable. (6 months of imprisonment without prison labor and two years of suspended execution)

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

The sentencing of the lower court appears to have determined the sentence in full consideration of the various favorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, taking into account the following factors: Defendant’s age, sex, environment, background, circumstances after committing the crime, degree of negligence of Defendant, and victim’s age and degree of injury, etc., the lower court’s punishment against Defendant is too heavy or unreasonable.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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