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(영문) 의정부지방법원 2016.08.23 2016노716
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unreasonable.

2. Determination

A. It is recognized that the Defendant made confessions of all of the instant crimes and reflects against the Defendant, the Defendant is the primary offender, the degree of injury suffered by the victim is not much serious, and the Defendant subscribed to a comprehensive motor vehicle insurance policy.

B. However, in full view of various circumstances, such as the Defendant’s age, criminal background, and circumstances after the sentence of the lower judgment, the lower court’s punishment is too unreasonable even if considering the favorable circumstances of the Defendant, as seen earlier, even if considering the circumstances favorable to the Defendant, such as the Defendant’s age, circumstances leading to the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion 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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