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(영문) 인천지방법원 2018.06.20 2018노1035
특정범죄가중처벌등에관한법률위반(도주치상)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 (one hundred months of imprisonment) is too unreasonable.

2. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances asserted by the Defendant on the grounds of appeal, the sentence of the court below is too unreasonable.

3. In conclusion, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; Provided, That the part on “. 10, 2017” of the 3th page 10 of the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, and the part on “. 10, 201. 10” of the 4th page 18 through 21 of the 4th page “1. 3, 55(1)3 of the Criminal Procedure Act;

1. Article 37 (former part of Article 37, Article 38 (1) 2, Article 38 (2), and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: “1. The former part of Article 37 of the Act on the Aggravated Punishment of Concurrent Crimes, Articles 38 (1) 2 and 50 of the same Act;

1. The amount to be reduced shall be corrected to Article 53 and Article 55(1)3 of the Criminal Act (Article 55(1)3).

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