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(영문) 수원지방법원 2021.02.17 2020노6282
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Even though the Defendant was in a state of mental and physical loss or mental weakness at the time of committing each of the instant crimes, the lower court committed a mistake that did not recognize it.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence adopted and examined by the court below as to the assertion of mental disorder, the defendant was found to have not been physically or mentally lost or not in a state of mental or physical weakness at the time of committing each of the crimes in this case. Thus,

B. In a case where 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, the appellate court is reasonable to respect the first instance judgment (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In this case, as there is no particular change in the conditions of sentencing compared to the lower court’s judgment, in full view of all the conditions of sentencing indicated in the arguments and records of the instant case, including the Defendant’s age, character and conduct environment, relationship with victims, the course and details of each of the instant crimes, and the circumstances after each of the instant crimes, it is not recognized that the lower court’s punishment is too unreasonable.

3. 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 groundless.

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