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(영문) 부산지방법원 2020.06.11 2019노4173
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not submit the grounds for appeal within the submission period.

B. The prosecutor’s sentencing (a two-year imprisonment, a three-year grace period, a community service order of 200 hours, and an order to attend a compliance driving lecture of 80 hours) of the lower court is too unfford and unreasonable.

2. Determination

A. According to the Prosecutor’s argument of unfair sentencing, the lower court rendered a sentence in consideration of various reasons for sentencing, including the following: (i) the Defendant inflicted an injury on the victim D for 32 weeks of medical treatment due to the primary accident and leaving the site without taking relief measures; (ii) the Defendant re-driving the secondary accident after the primary accident; (iii) the victim of the primary accident; (iv) the victim of the primary accident; and (v) the absence of criminal records beyond fines; and (v) there was no change in the conditions for sentencing compared with the lower court on the grounds that new materials for sentencing have not been submitted at the trial; and even considering the various reasons for sentencing revealed in the oral proceedings, the lower court did not seem to have exceeded the reasonable scope of discretion by deeming the sentencing too unfluened.

3) Therefore, the prosecutor’s assertion of unreasonable sentencing is without merit. (B) According to the records on the Defendant’s appeal, the Defendant appealed to the lower judgment on November 29, 2019 and submitted a petition of appeal. The Defendant did not state the grounds for appeal in the petition of appeal; (b) the Defendant lawfully received the notification of the receipt of the notification of the receipt of the grounds for appeal on December 26, 2019; and (c) the Defendant did not submit the statement of grounds for appeal within 20 days from that time; and there is no other ground for ex officio examination.

Therefore, the appeal by the defendant constitutes a ground for dismissing the appeal by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and the defendant’s appeal is subject to the submission period for the grounds of appeal.

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