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(영문) 서울중앙지방법원 2020.06.02 2019노4243
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of two years, an order to attend a law-abiding lecture of 40 hours and an order to provide community service of 120 hours) of the lower court is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination in the first instance court, 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). In light of the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the original court on the grounds that there is no particular new sentencing data in the trial, and there is no change in the conditions of sentencing compared with the original court. Although there are favorable circumstances, such as the Defendant’s mistake, the Defendant’s absence of identical criminal records, Defendant’s vehicle is covered by comprehensive insurance, and the victim agreed with the victim, these circumstances have been already reflected in the sentencing of the lower court. This case was already reflected in the sentencing of the lower court. This case was that the Defendant escaped from the scene without taking necessary measures against traffic accidents, and the nature of the crime is not easy, and the sentencing conditions of the instant case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, are too excessive in the sentencing of the lower court.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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