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(영문) 의정부지방법원 2021.02.15 2020노2662
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (one year and four months of imprisonment with prison labor for the original instance);

2. We can take account of the following factors: (a) the lower court’s decision-making process; (b) the confession of the Defendant; (c) the agreement with the victim; and (d) there are family members to support; (c) however, the lower court’s explanation of the records of other persons, other than the Defendant, at the protection observation office, and the lower court’s erroneous determination of “unconformity with the attendance order and the performance of community service order during the

However, upon being notified of the Defendant’s records at the trial of the party, the Defendant was found to have complied with some unfaithfully, such as receiving written warnings twice on the ground that “the Defendant failed to comply with the order to attend a lecture or the execution of community service order without justifiable grounds.” In light of the circumstances revealed by the lower court, the above error had significant influence on the determination of punishment.

shall not be deemed to exist.

In full view of the sentencing conditions stipulated in Article 51 of the Criminal Act, the sentencing of the court below is acceptable and it does not constitute unreasonable that the defendant asserts.

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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