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(영문) 부산지방법원 2019.07.18 2019노989
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended sentence in eight months of imprisonment) to the point of the reasons for the appeal is too unhued and unreasonable.

2. Determination

A. According to the records, the lower court determined the punishment by taking account of various sentencing reasons, including the following: (a) the nature of the crime is inferior in light of the course and method of the crime; (b) the misunderstanding is divided and reflected; (c) the degree of damage is relatively minor and agreed with the victim; and (d) there is no record of punishment exceeding

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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

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