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(영문) 광주지방법원 2016.05.03 2016노610
교통사고처리특례법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (the imprisonment without prison labor for six months, and fines for one hundred thousand won) of the lower court’s punishment is unfair because it is too unfilled (the prosecutor stated that the Defendant should be punished by imprisonment with prison labor for one year and six months). The judgment of the lower court is recognized that the Defendant was unable to identify or move out of the victim’s head due to serious injuries, and that the Defendant did not yet agree with the victim or his family members.

However, there is no record that the defendant was punished for the same crime.

In addition, the victim wanted to leave the motor device of the defendant in order to leave the public health clinic to the elderly who is difficult to move around the defendant's neighborhood, and the defendant was living together with the motor device of the defendant.

In addition, in full view of various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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.

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