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(영문) 광주지방법원 2016.08.24 2016노346
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment, and observation of protection) is too unhued and unreasonable.

2. Determination of the crime of this case is an unfavorable circumstance, where the defendant in a state of being taken away causes a traffic accident, causing injury to the victim, and the quality of the crime is not good. The defendant has a record of having been punished several times for the same crime, and the defendant was unable to reach an agreement with the victim up to the depth of the crime.

On the other hand, it is advantageous to the fact that the defendant repents his mistake in depth and scraps a motor vehicle used for the crime of this case, etc., the degree of injury suffered by the victim is relatively minor, and the defendant has not committed the same kind of crime for the last ten years.

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 Prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and it is not deemed unfair.

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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