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(영문) 수원지방법원 2017.05.24 2017노1820
특정범죄가중처벌등에관한법률위반(도주치상)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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. Determination of the instant accident is an unfavorable circumstance to the Defendant, such as the fact that the victim suffered a bodily injury while requiring a 20-day medical treatment, the fact that the Defendant got an accident and escaped, and the fact that the victim did not receive a manual from the victim.

However, the circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects his depth, the first offender, and the fact that the vehicle in this case was covered by a comprehensive insurance policy are favorable to the defendant.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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