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(영문) 청주지방법원 2020.09.25 2020노834

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). There are favorable circumstances such as the Defendant’s reflection, the degree of injury to the victims, and the agreement with the victim H.

However, in full view of the Defendant’s age, character and behavior, environment, motive for committing a crime, circumstances after committing a crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because it is too unreasonable to impose the sentence, and thus, exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.