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(영문) 광주지방법원 2017.04.20 2016노1729
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, observation of protection, and 40 hours of the order to attend a compliance driving) is too unhued and unreasonable.

2. The judgment that the Defendant was a stolen motor vehicle driving, causing a traffic accident, and that the Defendant escaped without taking any measures is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant recognized the crime of this case and is against the law.

The degree of injury inflicted on the victim F is relatively minor.

The stolen motor vehicle was returned to the victim.

The defendant is an initial offender who has no record of punishment.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion 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.

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