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(영문) 광주지방법원 2018.06.20 2018노1338
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant reflects each of the crimes of this case; (b) the Defendant’s health was not good due to depression, etc.; or (c) the Defendant, while driving a license without a license on a motor vehicle, was invaded by the central line; (d) resulting in a traffic accident; (e) the victims were injured; and (e) the nature of each of the crimes of this case committed by the Defendant with no license on a motor vehicle; and (e) the Defendant did not receive a letter from the victims; and (e) the Defendant was not guilty of having been sentenced four times to a fine for the same kind of crime, which is disadvantageous to the Defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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