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(영문) 광주지방법원 2017.04.20 2016노1724
특정범죄가중처벌등에관한법률위반(도주차량)
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 sentence, one hundred and sixty hours of community service, and forty hours of order to attend a compliance driving) is too uneasy and unreasonable.

2. The fact that the judgment defendant has a record of being punished for driving under drinking, and that the victim's injury is serious 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.

At the original trial, the victims do not want punishment of the defendant by mutual consent between the victims and the victims.

There is no record of punishment except for a fine imposed once by fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too unfasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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