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(영문) 대구지방법원 2021.01.26 2020노1064

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The lower court determined that the Defendant transferred the instant vehicle after the instant accident, and that the Defendant was pregnant, and that the Defendant would not repeat such mistake again in the future.

The punishment against the defendant was determined in comprehensive consideration of various circumstances revealed in the trial process, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The judgment below

There is no special change in circumstances that could change the sentence of the court below after the sentence, and comprehensively taking account of the various sentencing conditions as shown in the records and arguments of this case including the above circumstances considered by the court below, the sentencing of the court below exceeded the reasonable scope of its discretion because it is too unhued.

It does not appear.

3. As such, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Provided, That in accordance with Article 25(1) of the Rules on Criminal Procedure, ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “(s) to the extent that the total amount of two crimes is added to the column among the application of the judgment below