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(영문) 서울중앙지방법원 2016.09.22 2016노2331
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 is too unreasonable as the sentence imposed by the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below that the defendant recognized the crime of this case against the appellate court, recognized the defendant's driving vehicle as a comprehensive insurance and agreed with the victim during the investigation process. However, even though the defendant had been punished twice by a fine due to the crime of drinking alcohol, the crime of this case was committed during the suspension of execution due to the crime of aiding and abetting copyright violation, and the defendant did not drive his/her vehicle in the investigative agency.

In full view of the fact that the investigation was obstructed by taking measures to prevent a person from being aware of his criminal conduct on the day of the crime, the fact that there is no special change in circumstances to change the sentence of the lower court after the pronouncement of the lower judgment, and other various circumstances that are conditions for sentencing specified in the records and arguments of this case, such as the Defendant’s age, environment, sex, motive for the crime, circumstances before and after the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unreasonable, and thus, the Defendant

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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