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(영문) 춘천지방법원 2019.10.25 2019노604
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, such as the fact that the Defendant had a criminal record of being punished three times due to drunk driving, the driving of the instant traffic accident while the license was revoked, the escape from the instant traffic accident, the degree of damage to the victim, etc.

However, when the defendant was in the trial, all of the crimes of this case are recognized and erroneous, and the defendant does not want the punishment of the victim by concluding an agreement with the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, career, family relationship, environment, motive, means, and consequence of the crime, circumstances after the crime, criminal records, and all the sentencing circumstances shown in the instant records and arguments, it is not recognized that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act.

However, since Article 5-2 of the Act on the Aggravated Punishment, etc. of Specific Crimes as stated in the corresponding Article of the Act on the Aggravated Punishment, etc. of Specific Crimes among the "Application of the Act" of the judgment of the court below is obvious that it is a clerical error of Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes

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