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(영문) 수원지방법원 2016.06.29 2016노2708
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials for sentencing have not been submitted in the trial court, and the Defendant has already asserted for unfair reasons, the fact that the grounds for sentencing are already reflected in the lower court’s sentencing. Considering that the lower court’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered appropriate, and the lower court’s sentencing is deemed to have been determined to have exceeded the reasonable scope of discretion.

Therefore, the defendant's argument of sentencing is without merit.

3. 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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