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(영문) 서울중앙지방법원 2020.03.27 2019노4127
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal 1) Defendant 1’s imprisonment (two months of imprisonment) is too unreasonable and inappropriate. 2) Defendant 2’s imprisonment is too uneasible and unfair.

2. The lower court sentenced the Defendant to a punishment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

Although a mother is engaged in cleaning subway stations, and his father is able to live among cancer soldiers, there is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing of the lower court as it is, in full view of the matters and form of sentences, etc. in the trial.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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