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(영문) 춘천지방법원 2014.10.08 2014노548

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is divided and reflected in the judgment, the crime of violation of the Road Traffic Act (unlicensed Driving) and the crime of this case, which became final and conclusive, should consider equity in the case where each of the crimes of this case was tried simultaneously, these circumstances are considered in all of the original judgment. However, there is no change of circumstances in the situation at the original judgment and there is no other reason in the trial. Meanwhile, each of the crimes of this case does not change in the nature of the crime in light of its contents; the defendant did not reach an agreement with the victims until the trial was held; there are several times the records of punishment of the defendant; the execution of detention warrant issued by the original court when the defendant escaped while the judgment of the original court was held, and the circumstances after the crime are committed are not good enough; and the sentencing of the original court is not recognized to be too unfair in light of the motive and circumstance leading up to each of the crimes of this case, the age, character and nature of the defendant, and the environment, etc.

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