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(영문) 인천지방법원 2021.03.26 2020노4404

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, has the inherent area of the first deliberation as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in the instant case, there is no particular change in the conditions of sentencing because new sentencing data are not submitted at the health team and the trial court, and there is no change in the conditions of sentencing as to the instant case’s age, sex, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, etc., the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

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 by the court below (Provided, That pursuant to Article 25 (1) of the Regulation on Criminal Procedure, the defendant's appeal is dismissed in accordance with Article 25 (1) of the Regulation on Criminal Procedure by ex officio by converting "C" into "E