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(영문) 춘천지방법원 2018.02.08 2016노1370

특정범죄가중처벌등에관한법률위반(도주치사)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years and six months of imprisonment, four years of suspended execution, and community service order) on the gist of the grounds of appeal is too unfasible and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in light of the foregoing, the court did not submit new data on sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and even if all the grounds for sentencing specified in the argument of the instant case are comprehensive, it is too unfford that the sentencing of the first instance court goes beyond the reasonable scope of discretion.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.