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(영문) 인천지방법원 2016.10.26 2016노3155
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) imposed by the court below is too unreasonable.

2. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and considering the sentencing conditions in the records and arguments of this case, the sentence of the court below is too unreasonable even considering the circumstances alleged by the defendant as the grounds for appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, ex officio correction of the judgment of the court below shall be made as follows:

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above crimes after the regular concurrence: Provided, That the lowest limit shall be the punishment prescribed for the violation of the Road Traffic Act.

[Attachment] The Act

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