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(영문) 창원지방법원 2017.11.09 2017노2622
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused acknowledges and reflects the crime, the degree of injury of the victim and the degree of damage of the damaged vehicle, and the fact that the victim does not want the punishment of the defendant;

However, in full view of various circumstances, including the fact that the Defendant committed the instant crime on December 22, 2014, the Defendant was sentenced to a fine once due to a violation of road traffic law, one-time suspended sentence, one-time suspended sentence, one-time suspended sentence, and one-time suspended sentence due to drinking driving, and the Defendant was released from prison on December 22, 2014. The Defendant committed the instant crime during the repeated crime period, multiple criminal records of the Defendant, and other various circumstances, which are the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the instant crime, etc., it is not recognized that the sentence imposed by the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and 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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