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(영문) 수원지방법원 2015.08.17 2015노3408
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and one year of confiscation, and the return of victims) of the lower court is too unreasonable;

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the defendant deposited three million won in the future of the victim I, and the defendant has no record of being sentenced to suspension of qualification or more than punishment.

However, as a matter of drinking driving and parking problems, the Defendant assaulted the victim I’s face during a period of eight (8) weeks and inflicted bodily injury on him. The method of the crime and the part of the injury suffered by the said victim are dangerous and the degree of the crime is serious and the nature of the crime is serious, the Defendant did not agree with the victim up to the trial. The Defendant took part in the so-called Bosing crime and withdrawn the money deposited in the so-called Bosing passbook. The above crime needs to be strict because the above crime occurred against many unspecified persons. Although the Defendant had already been punished for the same kind of crime, the Defendant again committed the crime of this case, and even if there was a record of punishment, it is extremely poor to the nature of the crime, and other various circumstances, such as the Defendant’s age, character and behavior, environment, family relationship, etc., the sentence of the punishment by the lower court is unreasonable.

Therefore, the defendant and his defense counsel's above assertion of unfair sentencing is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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