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(영문) 서울남부지방법원 2020.11.23 2020노817
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of 15 million won) sentenced by the court below is too unfilled and unfair.

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: (a) there is no change in the conditions of sentencing compared to the original judgment as the materials for new sentencing have not been submitted at the trial court; and (b) in full view of the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the records and the trial process of this case, the lower court’s sentencing is too unhued and thus, is deemed to have exceeded the reasonable scope of discretion.

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

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