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(영문) 광주지방법원 2017.10.19 2017노529
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 (7 million won in penalty) is too unfluent and unreasonable.

2. In full view of the following circumstances: (a) the Defendant committed the instant crime in which the victim was injured by traffic accident while driving without obtaining a license or driving a sound driving; (b) the Defendant committed the instant crime during the suspension period of the execution of the instant crime under the Punishment of Violences Act (the current suspension period was imposed); (c) the Defendant committed the instant crime during the suspension period of the execution of the crime under the Act on Punishment of Violences, Etc. (the current suspension of the execution period was significantly high); (d) the Defendant’s mistake is against the Defendant; (c) the victim’s injury was committed by mutual agreement with the victim; (d) the victim did not want to be punished against the Defendant; (d) the degree of injury suffered is relatively minor; (e) the degree of injury suffered by the victim is relatively minor; (e) the Defendant’s age, sexual behavior, environment, family relationship; and (e) the circumstances after the commission of the instant crime; and (e) other various sentencing conditions as shown in the records and arguments, the lower court’s punishment cannot be deemed unfair

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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