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(영문) 의정부지방법원 2016.08.26 2015노3359

교통사고처리특례법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (1.5 million won penalty) imposed by the court below on the defendant is excessively unreasonable.

2. The judgment on the grounds of appeal is based on the following facts: (a) the Defendant recognized all the facts constituting the crime of this case and reflects his mistake; (b) the victims’ injury is relatively heavy; and (c) the judgment of the lower court at the same time becomes final and conclusive, and the fact that equity should be taken into account with regard to the case of fraud, etc.

However, each of the crimes of this case committed by the defendant is not less than 1.5 million won in light of the contents and methods of the crime, and it seems that the victims have not been able to recover damage in the future, such as not being able to recover from their agreement or full damage up to the present day, not being paid insurance money due to violation of special insurance contract, etc. It has been punished several times due to the same crime, etc., the court below seems to have reduced a fine of 3 million won issued in a summary order by 1.5 million won in consideration of the favorable circumstances of the defendant. There is no special change of circumstances that can reduce the sentence of the court below, the balance of the general punishment in the same and similar cases, the balance of the punishment of the defendant's age, sexual behavior, intelligence and environment, the motive and background of the crime of this case, relationship with the victim, means and consequence, frequency of the crime, possibility of recidivism, circumstances after the crime, family relationship, health conditions, etc., and there are no reasonable grounds for the court below to find the defendant to have excessively sentenced the punishment of this case.

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.