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(영문) 광주지방법원 2016.03.23 2015노2284
교통사고처리특례법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of suspended execution for four months of imprisonment without prison labor) on the summary of the grounds for appeal is too unreasonable.

2. The judgment is a favorable condition for the following reasons: (a) the defendant agreed with the victim; (b) the defendant has not been sentenced to a punishment in addition to a fine; and (c) the defendant supports his/her children.

However, the lower court appears to have determined the sentence in consideration of such favorable circumstances, and there are no circumstances or changes in circumstances that may be considered newly after the pronouncement of the lower judgment, and the degree of injury suffered by the victim due to the instant crime is more severe.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s allegation is without merit.

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.

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