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(영문) 서울남부지방법원 2014.01.24 2013노1810
도로교통법위반(사고후미조치)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the Prosecutor (a fine of four million won) is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The judgment that the defendant committed the same kind of crime without being aware of even though he was under probation is disadvantageous to the defendant.

However, the defendant reflects his mistake in depth, the degree of damage of the victim is minor, and the recovery of damage is also favorable to the defendant.

In addition, comprehensively taking account of the various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, and the Defendant’s age and happiness environment, etc., as indicated in the records and arguments, the sentence imposed by the lower court is deemed appropriate, and it is not deemed that it is too light or unreasonable.

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

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