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(영문) 부산지방법원 2020.05.28 2019노4032
교통사고처리특례법위반(치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Determination of the summary of the grounds for appeal (in October of a credit cooperative, two years of suspended execution and 120 hours of community service) is unreasonable;

2. The sentence sentenced by the court below is within the recommended range (from April to April of the safe) according to the sentencing guidelines in the attached Form.

In consideration of the seriousness of the result of the crime, the punishment was determined in consideration of the defendant's reflectivity, punishment power, the victim or the bereaved family.

The prosecutor's assertion that there is a need for light light of signal accidents of large cargo vehicles is light. However, there is no respect for the determination of the original sentence due to the circumstances that should be taken into account as well as the situation of the occurrence of the case.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors and other factors of sentencing as set forth in the sentencing guidelines in this court, the determination of the original sentence cannot be deemed unreasonable, even if it re-examines the sentencing factors and other factors of sentencing.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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