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(영문) 수원지방법원 2019.06.12 2018노7784
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (700,000 won) is too 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). There is no significant change in the conditions of sentencing compared with the original judgment, as the materials for sentencing have not been submitted specially in the trial, and comprehensively taking account of all the reasons for sentencing revealed in the oral argument of the instant case (the fact that the amount of fine has been reduced by accepting the reasons asserted by the Defendant in the lower court) in the course of the oral argument of the instant case, the sentencing of the lower court is too unreasonable, and thus, it is difficult to deem that

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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