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(영문) 서울중앙지방법원 2016.04.14 2016노589
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant recognized his mistake in the appellate trial, and that he compensated and agreed on the damage to the victim is favorable to the defendant.

However, in full view of the circumstances such as the Defendant’s age, sex, environment, motive for the crime, and circumstances after the crime, the sentence imposed by the lower court is too unreasonable even if considering the favorable circumstances of the Defendant, and the Defendant’s punishment is too unreasonable, even if considering the circumstances favorable to the Defendant, the lower court’s punishment is too excessive and unreasonable. In so doing, it cannot be deemed that the Defendant’s punishment is too unreasonable even if considering the circumstances favorable to the Defendant.

Defendant’s assertion is without merit.

3. 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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