부산지방법원 2017.12.21 2017노4082



The defendant's appeal is dismissed.


1. The sentence (one million won penalty) imposed by the court below on 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances.

The defendant has been punished twice as a violation of the Guarantee of Automobile Compensation in the past, and the circumstances alleged by the defendant on the grounds of appeal appear to have been considered in the sentencing process of the court below, and there are no new changes in circumstances that may change the sentence of the court below in the court below in the past.

When comprehensively taking into account the conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. as shown in the deliberation by the court below and the party concerned, the sentence of the court below shall not be deemed to have exceeded the reasonable scope of discretion, or to have been too unreasonable.

3. Accordingly, 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.