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(영문) 청주지방법원 2017.05.19 2016노1395
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the two-year suspension of the execution of imprisonment for eight months, the community service order of 120 hours, and the order to attend a law enforcement lecture of 40 hours) is too uneasy and unreasonable.

2. The judgment of the court below seems to have rendered a sentence against the defendant by taking into account the following circumstances: the defendant did not reach an agreement with the victims of the traffic accident, the victims wanted severe punishment, the victims' injuries, and the defendant did not seem to have serious degree of harm; the defendant was able to repent in depth; the defendant did not have any past record of punishment; the defendant supported the wife and 3 children; and the son wanted to support the defendant's wife.

When comprehensively considering the motive, circumstance, result, the circumstances after the crime, the defendant's age, sexual conduct, the record of punishment, etc. in the trial of the political party, as well as the matters under the conditions of sentencing, including the punishment, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, prosecutor's sentencing and warning cannot be accepted.

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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