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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
In light of the overall circumstances of this case, the punishment (two months of imprisonment, two years of suspended execution, etc.) imposed by the court below on the defendant is too heavy or unreasonable.
In light of the fact that the defendant has the same criminal power as the defendant, the degree of injury to the victim, the point of accident, etc., there are unfavorable circumstances such as the defendant's liability to leave the scene of accident is not less severe, and the victim's occurrence of post gift related to growth is likely to occur. However, the defendant is not only covered by comprehensive insurance, but also the victim's effort to recover damage is not required to punish the defendant, and the defendant was returned to the scene of accident ex post facto, and other factors of sentencing such as age and economic conditions of the defendant, family relation, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., the punishment imposed by the court below is judged to be appropriate, and the defendant's punishment imposed by the defendant is too heavy or unreasonable, and the defendant and the prosecutor's assertion of unfair sentencing is without merit.
Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
(However, the "application of the law" of the judgment of the court below is the addition of "the choice of imprisonment" in the "applicable law to the facts of crime" under Article 25 (1) of the Regulation on Criminal Procedure.