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(영문) 대법원 2020.03.10 2020도1099

교통사고처리특례법위반(치상)등

Text

The appeal is dismissed.

The third part of the judgment of the court of first instance is "Law No. 16037 of June 25, 2019" in the second part of the judgment of the court of second instance.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed, and since there is an obvious clerical error in the reasoning of the judgment of the first instance, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

March 10, 2020