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(영문) 의정부지방법원 2020.04.03 2019노3433
도로교통법위반(사고후미조치)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ from

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of all the factors indicated in the records and arguments of the instant case, the lower court’s sentencing is too unreasonable and thus, is not recognized to have exceeded the reasonable scope of discretion.

3. If so, the defendant'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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