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(영문) 전주지방법원 2019.02.15 2018노1801
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The defendant's appeal is dismissed.

Reasons

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

The defendant's defense counsel also argued misunderstanding of facts and misunderstanding of legal principles in the petition of appeal other than unreasonable sentencing, but withdrawn misunderstanding of facts and misapprehension of legal principles during the first trial

2. In a case where there is no change in the conditions of sentencing compared with 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 en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant and the unfavorable circumstances, the lower court determined the sentence by comprehensively taking account of all the circumstances favorable to the Defendant, and there is no particular change in the sentencing conditions compared with the lower court on the grounds that no new sentencing data has been submitted in the trial. In full view of the various sentencing conditions indicated in the records and arguments in this case, the lower court’s sentencing is too unreasonable and thus, does not seem to have exceeded the scope of reasonable sentencing discretion.

Therefore, the defendant's assertion is without merit.

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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