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(영문) 서울동부지방법원 2017.08.11 2017노66
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the various sentencing conditions in the instant case, the lower court’s sentence (six months of imprisonment without prison labor and two years of suspended execution) against the Defendant is too unreasonable, in light of the summary of the grounds for appeal (unfair sentencing), including the fact that there are circumstances that may be considered in the course of the instant crime, the agreement with the victim, and the reflection of the agreement.

2. In full view of the reasons for sentencing indicated in the arguments and records of the instant case, the lower court’s sentencing appears to have been reasonably determined by fully considering all the circumstances, including the various reasons for sentencing alleged by the Defendant, and there are no special circumstances to the extent that the said punishment is modified.

Ultimately, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 62-2 of the Social Service Order Act in the judgment of the court below is obvious that "1." is a clerical error, and it is corrected that it is deleted under Article 25 (1) of the Rules on Criminal Procedure because it is obvious that it is a clerical error in the application of the Act).

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