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(영문) 수원지방법원 2017.10.27 2017노3814
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The judgment that the defendant repents his mistake and reflects his fault, and the degree of injury of the victims is relatively minor.

It appears that the victims and victims have agreed smoothly, and that there is no record of punishment in excess of the fine, which is favorable to the defendant.

On the other hand, the Defendant did not take necessary measures to avoid the instant accident, and had the Defendant’s wife make a false statement in order to avoid punishment, etc., which are disadvantageous to the Defendant.

In addition, considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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