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(영문) 의정부지방법원 2016.08.18 2016노1097

The defendant's appeal is dismissed.


1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment, two years of suspended sentence, and forty hours of order to attend school) is too unreasonable.

2. Determination is recognized that the defendant has a family member (the mother, wife, and child) to support (the child).

However, the Defendant again committed the instant crime even after being punished by a fine for the violation of the Road Traffic Act (drinking driving) on two occasions, and the alcohol concentration among the blood transfusion at the time of the instant crime is high.

A defendant has a number of criminal records, as well as criminal records of a stay of execution of imprisonment for a crime of double crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.