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(영문) 서울남부지방법원 2021.02.02 2020노2254

특정범죄가중처벌등에관한법률위반(위험운전치상)등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the court below's decision: Imprisonment with prison labor for a period of one year and six months);

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance 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 the various circumstances as indicated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering all the sentencing factors indicated in the argument of the instant case, such as the Defendant’s age, sexual conduct, environment, motive and means of a crime, and circumstances after a crime, the lower court’s sentencing was too somewhat weak or unreasonable to have exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.