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(영문) 인천지방법원 2020.10.23 2020노2388
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the records and arguments in this case, there is no change of circumstances that may consider the sentencing following the lower judgment. Considering the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal, the lower court’s punishment is too heavy or it does not seem to have exceeded the reasonable scope of discretion, even if considering the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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