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(영문) 인천지방법원 2016.08.17 2016노1524

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to 6 million won) imposed on the defendant is too unreasonable.

2. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence is too unreasonable, even if there is no change in circumstances that could consider the sentencing after the judgment of the lower court, and the sentencing conditions as shown in the instant records and arguments are compared with the reasons for sentencing.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure). However, “the application of statutes” in Article 25 of the Rules on Criminal Procedure No. 3 is deleted from “the choice of each fine” in Article 3, and “Articles 40 and 50 of the Criminal Procedure Act” in Articles 40 and 50 are added to “the selection of each fine for negligence of 1. Determination” in the following acts.