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(영문) 대구지방법원 2020.11.26 2020노330
산업안전보건법위반등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., e., e., g., e., e., 5 million won) that the lower court sentenced to the Defendants are too unflu

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the original judgment on the grounds that no particular new sentencing materials have been submitted in the trial, and the circumstances alleged by the prosecutor on the grounds of unfair sentencing appear to have been reflected in the sentencing of the lower court. In full view of the following factors: (a) the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., as well as the sentencing conditions indicated in the instant records and arguments, the lower court cannot be deemed to have exceeded the reasonable scope of discretion, as the sentence imposed by the Defendants is too unafed.

Therefore, prosecutor's assertion 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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