특정범죄가중처벌등에관한법률위반(위험운전치상)등
All appeals by the defendant and the prosecutor are dismissed.
1. As to the summary of the reasons for appeal (unfair sentencing) by the lower court (one year of imprisonment with prison labor), the Defendant asserts that the sentence is too unreasonable, and that the prosecutor is too uneasy and unfair as the sentence is too uneasy.
2. In a case where there is no change in the sentencing conditions 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing, determined the sentence by taking into account various circumstances as indicated in its reasoning.
In addition to the circumstances found by the court below, there is no new circumstance to change the sentence of the court below in the court below.
Although the defendant acknowledges all of the crimes in the trial at the court, it is difficult to regard it as a new circumstance that can change the sentence of the court below, and the victim H wanted to punish the defendant, and in addition, considering all the sentencing factors of the defendant in the pleading of this case, such as the defendant's age, sexual conduct, environment, motive and means of the crime, circumstance after the crime, etc., the sentencing of the court below is too heavy or it is so unfased that it exceeded the reasonable scope of discretion.
It does not appear.
Defendant
The prosecutor's assertion is without merit.
3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.