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(영문) 창원지방법원 2017.04.20 2016노2336
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty of eight million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances, such as the fact that the accused has been punished for driving under drinking, and the crime of this case has been committed during the period of repeated crime before the same type of crime;

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant is fully aware of the crime, the distance of actual driving of the defendant is extremely short, the victim suffered a relatively minor injury, the defendant paid medical expenses, etc. to the victim, the defendant does not want the punishment of the victim by agreement with the victim, and the defendant is economically difficult as a recipient of basic living.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not determined that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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