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(영문) 춘천지방법원 강릉지원 2016.03.31 2016노17
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. A favorable circumstance, such as the fact that the injury suffered by the victim is relatively minor and that there is an agreement with the victim.

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 that form the conditions for sentencing in the instant case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, it cannot be deemed unfair because the court below's punishment is too excessive.

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. It is so decided as per Disposition, since the defendant's appeal is without merit.

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