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(영문) 수원지방법원 2018.01.11 2017노2446
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the prosecutor’s appellate brief (unfair sentencing) committed a crime committed by the Defendant, such as violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle) in around 2011, and committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) in the absence of attendance at the trial in the next order; and (b) the victim of sexual crimes did not receive a letter from the victim, the lower court’s sentence that sentenced the Defendant to the suspension of the execution of 2 years and 40 hours of imprisonment is too unfortu

2. In full view of the circumstances alleged in the grounds of appeal, such as the fact that the vehicle driven by the defendant is covered by a comprehensive insurance and the victim D expressed his/her intention that the defendant does not want to be punished by the defendant, that there is no record of sentence imposed by the defendant, and the defendant's age, sex, environment, motive and background of the crime, degree of damage, and circumstances after the crime, etc., the court below's punishment is too unjustifiable and thus it is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, so the above argument is groundless.

3. The appeal by the prosecutor of the conclusion 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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