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(영문) 광주지방법원 2018.01.09 2017노3309
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant suffered a relatively minor injury to the victim, and the victim does not want punishment against the Defendant by mutual consent with the victim.

However, while the Defendant was driving on the face of the victim by shocking the victim and causing the injury while driving on the face, the Defendant was at the age of 13 and was at the age of 50,000 and the victim's face was faced with insufficient judgment ability, and the nature of the crime is not very good, and the Defendant was punished four times as a suspension of the execution of imprisonment in 2014, including that of a relatively recent imprisonment with prison labor for not less than 2014.

In addition, considering the Defendant’s age, sexual conduct, environment, motive and means of crime, and consequences as shown in the records and pleadings, all of the sentencing conditions in the instant case, such as the circumstances after the commission of crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is difficult to view it as unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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