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(영문) 대전지방법원 2015.08.13 2014노3460

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 4 million won) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below seems to have reduced the fine amount of the summary order against the defendant by taking into account the favorable circumstances or the fact that the defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) by taking into account the above circumstances. The defendant's assertion of unfair sentencing is not reasonable since it takes into account various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and circumstances before and after the crime. The defendant's argument of unfair sentencing is without merit, since it is not reasonable to deem that the court below's punishment against the defendant is too excessive since it is not reasonable in light of the scope of the recommended sentence for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) established by the Criminal Procedure Committee.

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