logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.08.31 2018노1448
도로교통법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) explicitly withdrawn the remaining arguments, excluding the unfair argument in sentencing, on the first trial date.

The punishment of the lower court (one million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). A favorable circumstance is recognized, such as the recognition of a crime and the reflection thereof, and the fact that the Defendant’s health is not good.

However, there is a record of multiple criminal punishment, including the same kind of crime, and the risk of the crime of this case is not only high, but also that the contents of the crime of this case are disadvantageous.

In full view of all other circumstances that form the conditions for sentencing as shown in the records and theories of the instant case, such as the Defendant’s criminal history, age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., even if considering the background of the instant case alleged in the trial and other circumstantial data, such as a medical certificate additionally submitted, the lower court’s punishment is excessively heavy beyond the reasonable scope of discretion.

does not appear.

The defendant's argument of sentencing is not accepted.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

arrow