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(영문) 춘천지방법원 2016.06.23 2016노374
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. In our criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, in addition to the case where the victim and the defendant's his/her wife wished to take the front line of the defendant, there is no change in the conditions of sentencing compared to the lower court, and there is no change in the conditions of sentencing. The crime of this case is committed again by the defendant, who has the power to punish drinking a number of times, and is under drinking drinking again while being tried for the same crime, and the crime is not sufficient, and all of the reasons for sentencing are considered to have exceeded the reasonable scope of discretion.

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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