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(영문) 서울북부지방법원 2019.07.12 2019노747
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) imposed by the court below on the defendant is too unreasonable.

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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant at the trial and the lower court, and even considering the factors revealed in the pleadings in the instant case, including various circumstances considered in sentencing, the lower court’s sentencing does not appear to have exceeded the reasonable scope of discretion (abscoping that the Defendant was led to a crime at the trial, but it is difficult to deem that there was a significant change in circumstances that could change the sentencing of the lower court solely on such circumstances). Accordingly, the Defendant’s assertion is without merit.

3. As such, 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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