beta
(영문) 부산지방법원 2019.01.31 2018노4386

업무상과실치상등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, although an applicant filed a written application seeking the Defendant’s preference, it is difficult to view it as a material to change sentencing, and there is no particular change in the sentencing conditions compared with the original judgment, and the sentencing revealed during the pleadings of the instant case is too unreasonable because there is no submission of new sentencing data in the trial, and the sentencing revealed in the instant case goes beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. 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.