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(영문) 대구지방법원 2020.05.08 2020노794
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (eight months of imprisonment), the defendant asserts that the defendant is too unlimited and unfair, and the prosecutor argues that the prosecutor is too unhued and 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Health class, the grounds on which the Defendant and the prosecutor asserted unfair sentencing as an unfair sentencing are all considered in the sentencing of the lower court, and there is no change in the conditions of sentencing compared with the lower court, on the grounds that no new materials to consider in the trial were submitted.

In full view of all the factors revealed in the records and arguments of this case, the sentencing of the court below is too heavy or it is difficult to hold the court below out of the reasonable scope of discretion because it is fluent.

The defendant and prosecutor's assertion are without merit.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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