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(영문) 서울동부지방법원 2019.01.18 2018노1097

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for not less than 8 months, 2 years of suspended sentence, 80 hours of community service, and 40 hours of participation in compliance driving) of the court below is too unreasonable.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various reasons for sentencing asserted by the Defendant, and no special circumstance exists to the extent that the lower court’s sentencing is modified.

3. If so, the defendant's appeal 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.

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, ex officio, pursuant to Article 25(1) of the Criminal Procedure Act, the fourth (4) of the judgment of the court below shall be changed to “,” the fifth (7) “G” to “G, K,” respectively, and the fifth (5) and six (6) shall be changed to add “Article 37(1)2 and Article 50 of the Criminal Act from among concurrent criminal offenders.”