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(영문) 대전지방법원 2020.09.09 2020노2296
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the Defendant’s punishment is too unreasonable in view of the following: (a) the Defendant’s perception of the instant crime while committing the instant crime; (b) the degree of injury to the victim is relatively minor; and (c) the victim was not punished by the Defendant by mutual agreement with the victim.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where 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 it.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the above circumstances alleged by the Defendant as favorable factors for sentencing in the trial are deemed to have been sufficiently taken into account when determining the sentence in the court below. In addition, in light of the content of the instant crime and the circumstances after the crime, the new sentencing data that could change the sentence of the court below was not added in the trial, and other factors such as the Defendant’s age, character and conduct, environment, criminal records, motive, means and consequence of the crime, etc. are deemed to be appropriate, and the sentencing of the court below cannot be deemed to be unfair because it is too unreasonable.

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

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