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(영문) 수원지방법원 2019.07.10 2019노2405
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (five million won) is too unhued and unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, 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 full view of all the factors revealed in the proceedings of the instant case, including the following: (a) there is no particular submission of new sentencing data in the trial court; (b) there is no significant change in the conditions of sentencing compared with the lower court; (c) the Defendant is against the Defendant; and (d) there is an agreement with the victims, etc., the lower court’s sentencing is too unhued and thus, exceeded the reasonable scope of discretion

3. The appeal by the public prosecutor is without merit, and thus dismissed under Article 364(4) of the Criminal Procedure Act.

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