beta
(영문) 대전지방법원 2019.08.22 2019노104

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s sentence of an unreasonable sentencing (5 million won of a fine) is too unreasonable.

2. The sentencing conditions asserted by the Defendant as the grounds for appeal are the circumstances that were presented at the lower court and considered at the lower court. As stated in the grounds for sentencing, the lower court determined a punishment by fully taking account of the overall circumstances that are favorable to the Defendant, unfavorable circumstances, and the fact that the lower court’s statutory minimum limit of the crime of the Act on the Aggravated Punishment, etc. of Specific Crimes is at least five million won. In full view of the various sentencing conditions in the process of the instant records and the trial, the lower court’s sentencing did not seem to have exceeded the reasonable scope of discretion, and there is no change in new sentencing conditions that can be deemed unfair to maintain the lower court’s sentencing in the

Therefore, it is not recognized that the sentence of the court below is too unreasonable because it is too large.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.