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(영문) 수원지방법원 2013.06.26 2013노2024
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant agreed on the Defendant’s assertion of unfair sentencing, the above circumstances appear to have already been considered in the lower court. The Defendant did not have been sentenced to a suspended sentence on two occasions due to the violation of the Road Traffic Act, but committed the instant crime during the suspended sentence period. In addition, considering the Defendant’s age, character and conduct, the motive, background, means, method, and consequence of the instant crime, and all the sentencing conditions indicated in the instant records and arguments, such as the circumstances before and after the instant crime, the lower court’s imprisonment (eight months) cannot be deemed to be unfair, because it is appropriate and too unreasonable.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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