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(영문) 수원지방법원 2019.10.11 2019노3918
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two million won of fine) is too large.

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 the reasons for sentencing (in particular, it is not agreed with the victim) revealed in the oral argument of the instant case, the sentencing of the lower court is too unreasonable to be exceeded the reasonable scope of discretion, and thus, it cannot be said that there is no significant change in the conditions of sentencing compared with the lower court, as there is no particular submission of new sentencing data in the trial.

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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