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(영문) 의정부지방법원 2019.05.16 2018노3373
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) by the lower court (two years of imprisonment) is too unreasonable.

2. As a result of the appellate court’s examination of whether the sentencing of the first instance is unfair, unless there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, this shall be respected as

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court, on the grounds of sentencing (the Defendant had been punished several times for the same kind of crime including the previous criminal offense committed by fraud), began to enforce imprisonment with prison labor for the same kind of crime more than two months after the end of September 24, 2017, repeats the same veterinary method, partial fraud is very intelligent, the occurrence of traffic accidents is serious, the damage is not recovered most, and all of the sentencing conditions on the records and arguments of the instant case (the fact that the Defendant was sentenced to imprisonment with prison labor for more than one year and six months and a fine for more than 4 million won, and the Defendant was sentenced to imprisonment with prison labor for more than two years from the District Court on June 13, 2012, and the Defendant was sentenced to imprisonment with prison labor for more than six years from the victims of traffic accidents at the time of the instant judgment on June 16, 2014, respectively.)

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