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(영문) 인천지방법원 2013.06.21 2013노1241
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant reflects the crime of this case, the fact that the defendant agreed with the victim smoothly, and the family members who will support the crime of this case.

However, the Defendant has already been punished for the same kind of crime several times, and it is inevitable to sentence the Defendant to commit the instant crime during the suspension period of execution due to the same crime; the lower court has already taken account of all favorable circumstances to the Defendant, and determined the sentence by discretionary mitigation; there are no special circumstances or changes in circumstances that may be additionally considered in the trial; and in full view of other various circumstances, including the Defendant’s age, character and behavior, environment, circumstances after the crime, motive and circumstance of the crime, etc., and the sentencing conditions specified in the present argument and the record, the Defendant’s assertion is not acceptable, since the sentence imposed by the lower court is too unreasonable.

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

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