특정범죄가중처벌등에관한법률위반(도주치상)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (one year of imprisonment, three years of suspended execution, community service order, etc.) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.
However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the judgment of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing in the course of the first instance sentencing review and the sentencing criteria, etc., or where it is deemed unfair to maintain the first instance sentencing as it is in full view of the materials newly discovered in the course of the appellate court’s sentencing review.
In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.
(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account all the circumstances regarding the Defendant’s sentencing. Considering the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal, the lower court’s punishment is too heavy or unreasonable (it is not recognized that the Defendant agreed with the victim was in a trial, but such circumstance alone is insufficient to affect the judgment of sentencing by the lower court in light of the various circumstances stated by the lower court). Therefore, the allegation of unreasonable sentencing by the Defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is justified.