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(영문) 서울남부지방법원 2015.12.10 2015노1135
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of probation, one hundred and twenty hours of community service order) sentenced by the court below, and in particular, the community service order portion is too unreasonable in the care of the elderly.

2. In light of the purport of the community service order system (the punishment function by ordering a person who has been recognized as a crime to lead a normal social life instead of detention to a prison, and to serve in a normal social life for a given period of time, and at the same time, performing the function of compensating and deceiving the society, reconciliation with the society, and integration with the society), and the conditions of sentencing and the reasons for sentencing indicated in the records and arguments of this case and the judgment of the court below, it cannot be deemed unfair because the court below’s punishment is too unreasonable even if the defendant led to the appellate trial, and considering the circumstances alleged as the grounds for appeal by the defendant, it cannot be viewed that the court below’s punishment 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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