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(영문) 광주지방법원 2016.05.25 2015노2783
특정범죄가중처벌등에관한법률위반(도주차량)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for one year of imprisonment, and observation of protection) is too unfased and unreasonable.

2. The instant crime was committed in violation of the duty of pedestrian protection in the crosswalk and without taking any measures to protect the victim while driving the instant case, and thus, the nature of the relevant crime is not good, the degree of injury suffered by the victim is not somewhat weak, and the Defendant has the same criminal record in the same manner.

On the other hand, the fact that the defendant recognized his mistake and reflects the defendant, the defendant has no previous conviction sentenced after 2002, and the defendant does not punish the defendant by agreement with the victim.

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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