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(영문) 수원지방법원 2017.07.12 2017노803
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended sentence for one year of imprisonment, 80 hours of community service, and 40 hours of instruction of compliance driving) on the summary of the grounds of appeal is deemed unreasonable because it is too unfasible.

2. It is not good that the judgment defendant caused the accident that the damaged person shocks the crosswalk, and that the defendant escaped is not good.

In addition, the injury of one victim is not easy.

On the other hand, the defendant reflects his wrong and has no record of crime.

In the trial, the injured party does not want the punishment of the defendant in agreement with the injured party.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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