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(영문) 전주지방법원 2018.09.13 2018노934
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal - The lower court’s punishment is too heavy.

2. There is no special change in circumstances in the trial about sentencing, and the lower court already determined the sentence by fully taking into account all circumstances that the Defendant asserts on the grounds of appeal.

In full view of the factors indicated in the record of the instant case including the grounds for sentencing cited by the lower court and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment was too unreasonable to have exceeded the reasonable scope of discretion, and thus, exceeded the reasonable scope of discretion.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

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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