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(영문) 의정부지방법원 2018.12.06 2018노2748

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. In light of our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there are areas unique to the first instance court’s determination of sentencing. In addition, in the event that there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance court’s judgment. Although the first instance court’s sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment and to refrain from imposing a sentence that does not differ from the first instance court’s opinion solely on the ground that it is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal principle, there is no special change in sentencing compared to the lower court’s judgment, and the Defendant was found to have been sentenced to a punishment of imprisonment without prison labor for 20 years for a significant traffic accident by one injured person, and even if 2017 years have been discovered from the lower court’s of punishment.

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