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(영문) 수원지방법원 2018.11.22 2018노4965
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence to one year of imprisonment) on the gist of the grounds of appeal is too unfasible.

2. In light of the circumstances and the specific contents of each of the instant crimes, it is deemed that the lower court’s punishment is too uneasible and unfair in light of the following factors: (a) although it appears that the Defendant had an attitude to reflect; (b) there was no history of punishment in the Republic of Korea; and (c) there was an agreement with part of the victim; and (d) the Defendant’s age, sex, environment, family relationship, motive for the crime, method of crime, and circumstances after the crime.

3. Accordingly, 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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