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(영문) 수원지방법원 2019.08.14 2019노169

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal: The judgment of the court below (the fine of eight million won) is too unreasonable.

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 oral argument of the instant case (such as the fact that there is no record of being punished for the same kind of crime as the disadvantageous circumstances, such as the fact that a traffic accident is likely to occur during the driving of a motor vehicle), the sentencing of the lower court is too heavy or unhuable, and thus, exceeds a reasonable scope of discretion.

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