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(영문) 서울서부지방법원 2018.07.12 2018노413

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal is too unreasonable.

2. The minimum of the statutory penalty applicable to the instant crime is one year of imprisonment, and the lower court sentenced a minimum of the statutory penalty by reducing the amount of punishment in this case to eight months, and there is no other statutory mitigation ground in this case. Thus, the lower court’s sentence, which can be sentenced in this case, actually set the minimum of the applicable sentences, and thus, even considering the circumstances asserted by the Defendant on the grounds of appeal, is not deemed unfair because the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is not accepted.

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.