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(영문) 광주지방법원 2017.05.31 2016노2395
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, community service, 120 hours, and 40 hours during the compliance driving) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination for the following reasons: (a) the Defendant had been subject to punishment twice due to drinking driving; (b) the Defendant was disadvantageous to the Defendant; (c) the agreement with the victims; and (d) the victims’ injury was not severe; and (c) the circumstances favorable to the Defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

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

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