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(영문) 광주지방법원 2020.01.16 2019노1084
특정범죄가중처벌등에관한법률위반(도주치상)등
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, three years of suspended execution, one hundred and twenty hours of community service work, and forty hours of attending the compliance driving lecture) is too uncomfortable and unfair;

2. The fact that no agreement or recovery of damage has been reached until the judgment was rendered, and that the defendant had the same criminal record is disadvantageous to the defendant.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake when it comes to the trial, the degree of injury suffered by the victim is not serious, and the defendant has no criminal record exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the prosecutor’s assertion is without merit.

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

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