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(영문) 수원지방법원 2019.06.26 2018노8364
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two months of imprisonment, two years of suspended execution, 40 hours of lecture order, 160 hours of community service order) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment because there is no particular new sentencing data in the trial court for the judgment, and there is no change in the conditions of sentencing compared with the original judgment. The grounds for sentencing revealed in the process of the pleadings in this case (the defendant is the first offender, the defendant is the first offender, and all crimes have been led to a conviction, and the defendant has been living together in depth, and the damage is expected to be compensated due to motor vehicle comprehensive insurance, and the victim has entered into a criminal agreement by paying KRW 5,00,000 to the victim, and disadvantageous circumstances are disadvantageous: the victim caused the instant traffic accident by gross negligence in the area where the internship is prohibited, causing the victim's injury by causing an illegal internship, and even if stopping and leaving a stop without taking measures such as aiding the victim, it cannot be deemed that the sentencing of the lower court is too heavy or it exceeded the reasonable scope of discretion.

3. The appeal filed by the defendant and the prosecutor in conclusion are all groundless, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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