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(영문) 서울남부지방법원 2016.07.07 2016노60
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant both recognized the facts charged and reflects in depth the mistake.

The crime of this case is likely to be considered in the motive of the case where physical and mental weakness has been caused by the Defendant’s occurrence of the occurrence of the crime of this case, and immediately after the business trip.

The Defendant did not have any record of committing the instant crime before the instant crime was committed, and withdrawn from the company due to the instant crime.

The defendant has lived with one family faithfully.

In full view of these circumstances, the punishment sentenced by the court below (4 million won) is too unreasonable.

2. In full view of the circumstances favorable to, or unfavorable to, the Defendant’s judgment and other factors of sentencing, including the Defendant’s age, sex, career, family relation, environment, motive, means and consequence of, the crime, circumstances after, and criminal experience, the lower court’s punishment is too unreasonable, even in light of various circumstances asserted by the Defendant on the grounds of appeal.

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

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