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(영문) 대전지방법원 2018.05.11 2017노2812

교통사고처리특례법위반(치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. It is desirable to respect the lower court’s sentencing in cases where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). No particular change in circumstances is found in the matters subject to the conditions of sentencing after the lower judgment was rendered. The lower court exceeded the reasonable scope of discretion because the lower court’s sentencing goes against the Defendant’s age, sexual behavior, environment, family relationship, the circumstance and form of the instant crime, and the criminal records, including the fact that the Defendant raises a minor under the several circumstances indicated in the column for “reasons for sentencing”.

subsection (b) of this section.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act (Provided, That the appeal by the prosecutor of the conclusion is clearly a clerical error in the column 15 of the judgment of the court below, i.e., “Coin”, and thus, ex officio correction is made in accordance with Article 25(1) of the Rules on Criminal Procedure.