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(영문) 부산지방법원 2018.10.05 2018노2370
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of suspended execution of imprisonment without prison labor for a period of four months) is too unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court on the grounds that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing was too too excessive and exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is apparent that “1. E” was omitted in the column of evidence in the judgment of the court below, and it is obvious that it was erroneous in the column of evidence. Therefore, it is corrected to add it ex officio in accordance with Article 2

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