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(영문) 대전지방법원 2016.09.29 2016노1715

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, did not have driven his horse car and did not cause a traffic accident.

B. The sentence sentenced by the lower court to the Defendant (one year of imprisonment) is too unreasonable.

2. Determination

A. The court below rejected the above assertion by the defendant as to the assertion of mistake of facts in detail, on the grounds that the defendant alleged the same argument in the court below, and the court below stated the defendant's argument and its decision in detail as follows.

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and there is no error of mistake of facts as pointed out by the defendant.

Therefore, the defendant's above assertion is without merit.

B. The lower court, as stated in detail on the grounds of the sentencing, has determined the punishment by fully taking into account the circumstances regarding the sentencing of the Defendant within the scope of the sentencing guidelines, and that it is within the reasonable scope.

As there is no circumstance that can be newly considered in the trial, the sentence of the court below is too unreasonable because the sentence of the court below is too unreasonable.

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