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(영문) 수원지방법원 2020.06.15 2019노6214
업무상과실치상
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case, although it cannot be deemed that there was an error such as the mistake of fact as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The Defendant made the same assertion as the grounds for appeal in the lower court’s determination of the mistake of facts, and the lower court rejected the Defendant’s assertion by explaining the judgment on the “determination of the Defendant and the defense counsel’s assertion”

Examining the judgment of the court below in comparison with records, the judgment of the court below is just, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, the defendant's assertion of mistake is without merit.

B. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle on the assertion of unfair sentencing, ought to respect the determination of sentencing in a case where there exists a unique area of the first instance court concerning the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the first instance court’s sentencing

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing as indicated in the records and pleadings in this case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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