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(영문) 서울남부지방법원 2020.12.14 2020노798
도로법위반
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., 80,000 won) sentenced by the court below 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). In light of the following, the sentence was determined by comprehensively taking account of various circumstances as stated in its reasoning; the court below did not change the sentencing conditions compared with the original judgment on the grounds that new sentencing data to change the sentence of the lower court was not submitted in the trial; and the sentencing grounds in the process of the instant case records and the trial are all taken into account, the sentencing of the lower court is too excessive and is not recognized to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

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

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