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(영문) 서울남부지방법원 2015.05.08 2014노1848
특정범죄가중처벌등에관한법률위반(도주차량)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one month of imprisonment, two years of suspended execution) is too unreasonable.

B. The Prosecutor’s sentence (two months of imprisonment, two years of suspended execution) is too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the victim was in front of the bus stop and was coming back without any relief measures while taking the victim in front of the bus stop as part of the back of the passenger car, and the nature of the crime is not good, and that there is no agreement with the victim.

The fact that the defendant is recognized all of his mistakes when he was in the trial, and the fact that the defendant is the first offender is favorable to the defendant.

In light of the above, comprehensively taking into account the Defendant’s age, character and conduct, family environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s above assertion are without merit.

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

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