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(영문) 수원지방법원 2020.09.25 2020노3598
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year and six months) is too unreasonable.

2. In full view of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have reasonably determined by fully considering the various grounds for sentencing alleged by the Defendant, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, 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.

[However, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018) of the lower judgment’s 7 through 8 are clear that it is a clerical error in Articles 148-2(1)1 and 44(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); “Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes” of Articles 12 through 13 are “Article 5-1 of the former Act on the Aggravated Punishment, etc. of Specific Crimes (amended by Act No. 16922, Feb. 4, 2020)”; thus, each of them is corrected pursuant to Article 25(1) of the Rules on Criminal Procedure.

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