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(영문) 의정부지방법원 2016.04.26 2016노650
교통사고처리특례법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, the fact that the motor device bicycle driven by the Defendant is subscribed to liability insurance, and the damage to the larceny crime is not significant.

B. However, the defendant committed the thief in this case where property was stolen by entering another's residence together with the defendant. Considering the following circumstances, considering the following circumstances, such as the crime's age, circumstances, and circumstances after the sentence of the judgment below, there was no change of circumstances after the sentence of the judgment below, the court below's punishment is too unfair even if considering the following circumstances: (a) the defendant committed the thief in this case again despite the bad nature of the crime; (b) the defendant had been punished twice by the punishment for larceny; (c) the defendant did not agree with the victim; (d) the defendant did not recover from the victim; (e) the defendant caused the traffic accident; (e) the defendant caused the traffic accident; (e) the victim caused the serious injury; and (e) the victim was tried to punish the defendant; and (e) there was no change of circumstances after the sentence of the judgment below; and (e) the defendant's age, circumstances leading to the crime, and circumstances after the crime.

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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