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(영문) 춘천지방법원 강릉지원 2016.06.23 2016노202
특정범죄가중처벌등에관한법률위반(도주차량)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.

2. There are favorable circumstances, such as the fact that the Defendant later voluntarily surrenders and recognized the instant crime, the injury suffered by the victims is relatively minor, and the victims received certain money from the mutual aid association as the instant accident vehicle has subscribed to mutual aid, and the victims received a certain amount of money from the mutual aid association in terms of medical expenses and repair expenses.

However, even though the degree of negligence in driving is serious, if considering the unfavorable circumstances such as the defendant's age, sex, environment, motive, means and consequence of the crime, and other various circumstances, such as the defendant's age, sex, environment, motive of the crime and consequence, it cannot be said that the sentence of the court below is too excessive and unfair.

Defendant’s assertion is without merit.

3. As such, the Defendant’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 364(4) of the Criminal Procedure Act: Provided, That since it is apparent that the summary of evidence of the original judgment was omitted “written reply to inquiry, such as criminal history, etc., and report of investigation (verification of the period of repeated offense)”, it is corrected to add it ex officio under Article 25

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