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(영문) 서울북부지방법원 2020.12.18 2020노1348

과실치상

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 700,00) of the lower court against the Defendant 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). In light of the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial room, and even considering the various sentencing factors in the instant pleadings, including various circumstances considered in sentencing, the lower court’s sentencing exceeded the reasonable scope of discretion.

In particular, it is more so in light of the fact that the degree of injury suffered by the victim due to the crime of this case was relatively more severe, and that there has been a smooth agreement with the victim until now, or that there has not been a letter from the victim.

Therefore, the 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 since it is without merit. It is so decided as per Disposition.