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(영문) 수원지방법원 2019.01.16 2018노6402
특정범죄가중처벌등에관한법률위반(도주치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unreasonable.

2. The following are circumstances that are favorable to the Defendant: (a) the Defendant’s violation of the crime; (b) there is no record of punishment exceeding the fine; (c) there is no record of punishment exceeding the fine; and (d) there appears to be clear social relationship with the victim; and (c) there is no good character of the crime in light of the circumstances and details of the crime in this case; and (d) there is a sufficient penalty power for

In addition, considering the Defendant’s occupation, family relation, age, character and conduct, environment, motive of crime, means and consequence of crime, etc., it is difficult to deem that the lower court’s punishment is too unreasonable because it is too unreasonable to choose the fine and the maximum sentence within the statutory penalty, considering the sentencing conditions indicated in the record such as the circumstance before and 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 since it is without merit. It is so decided as per Disposition.

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