자동차손해배상보장법위반등
All appeals filed by the defendant and prosecutor are dismissed.
1. The summary of the grounds for appeal: The punishment of the court below is too unreasonable, because it is too unreasonable for the defendant to be sentenced to imprisonment (eight months of imprisonment);
Prosecutor: The sentence of the court below is too uneased and unreasonable.
2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). In full view of the reasons for sentencing revealed in the hearing process of the instant case (the disadvantageous circumstances that the Defendant is committing a crime during the same period of suspension of execution as the favorable circumstances, such as the fact that the Defendant is against one another) that was revealed in the hearing process of the instant case, there is no significant change in the conditions of sentencing compared to the lower court. In so doing, the lower court’s sentencing is too heavy or it cannot be said that the lower court exceeded the reasonable scope of discretion because it is too harsh or it is so
3. The appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and