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(영문) 서울중앙지방법원 2016.09.22 2016노1894
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable as the punishment (amounting to five million won) imposed on the defendant is too unreasonable.

2. Although there are favorable circumstances for the Defendant, such as the fact that the Defendant recognized the instant crime and reflects the fact that the Defendant is committing the instant crime, the fact that the Defendant’s driving vehicle is subscribed to comprehensive insurance, and the Defendant has no criminal history, the Defendant’s assertion is not acceptable, taking into account the following circumstances: (a) there is no special change in circumstances that may change the lower court’s punishment after the pronouncement of the lower judgment, such as that the Defendant’s age, environment, sexual conduct, motive for the commission of the crime, and circumstances before and after the commission of the crime; and (b) there is no reason to change the sentencing conditions in the instant records and arguments, such as the Defendant’s age, environment, sexual behavior, motive for the commission of the crime, and circumstances before and after the crime. Therefore, it cannot be deemed unfair because the sentence imposed by the lower court is too excessive.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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