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(영문) 대전지방법원 2019.07.11 2019노962
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (eight months of imprisonment) is too unreasonable.

2. As stated in the reasoning of the lower judgment, the lower court determined the Defendant’s sentencing by fully taking account of the overall circumstances regarding the Defendant’s sentencing, and considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing did not seem to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing conditions that can be deemed unfair to maintain the lower court’s sentencing as it is in the trial.

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, ex officio, and among the column for the application of the law of the court below, Article 35 of the Criminal Act among repeated offenders.

1. Determination of imprisonment with prison labor for the remainder of the crimes except for selective election, nights of residence, and larceny: “1. Selection of imprisonment with prison labor for the remaining crimes except for nights of residence, intrusion theft;

1. Correction to correct that it is to be corrected to Article 35 of the Criminal Act among repeated crimes;

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