logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2016.09.29 2016노905
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) on the gist of the grounds of appeal is too unhued and unreasonable.

2. In light of the judgment, the crime of this case is a case where the defendant committed a traffic accident in violation of the signal and caused a serious injury to the victim, and the crime of this case runs away without any relief measures, and the nature of the crime is very poor, and it is not agreed with the victim, and there is an unfavorable condition to the defendant.

On the other hand, however, the court below's sentence is appropriate in full view of all the conditions of arguments, such as the defendant's age, career, sexual behavior, environment, etc., and all other conditions of sentencing shown in the records, such as the confession of the crime of this case, the defendant's mistake is divided, the victim's negligence is recovered, the victim's violation of the signal can also be seen as a part of the occurrence of the traffic accident of this case, the defendant deposited 5 million won for the victim in the trial of this case, and the defendant did not have the same criminal record.

The prosecutor's improper argument in sentencing is without merit.

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.

arrow