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(영문) 서울서부지방법원 2019.07.04 2019노57
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. On January 15, 2019, after a defendant submitted a petition of appeal on January 15, 2019, the defendant did not submit the statement of grounds for appeal within the lawful period for submission of the appellate brief even when he/she received the notification of the receipt of the trial records from this court on January 25, 2019, and the petition

Therefore, a decision to dismiss the defendant's appeal in accordance with Article 361-4 (1) of the Criminal Procedure Act should be made, but since the prosecutor's appeal is dismissed by judgment as follows, the dismissal of appeal shall not be decided separately, and a decision shall be

2. Determination on the prosecutor’s appeal

A. The grounds for appeal (e.g., e., e., 5 million won of a fine) by the lower court are deemed to be too unhued and unfair.

B. Each of the instant crimes committed by the Defendant is deemed to have committed again during the period of suspension of execution for the same kind of crime, and is not good for the nature of the crime and the crime, and the Defendant has been punished several times in the past to commit the same crime as the instant crime.

However, in full view of the following circumstances: (a) the Defendant shows the attitude of recognizing and opposing the Defendant’s mistake; and (b) the Defendant was somewhat able to take into account the motive and background of the instant crime, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; (c) circumstances after the crime was committed; and (d) whether there was change in circumstances after the lower judgment was sentenced, the lower court’s punishment appears to be within a reasonable and appropriate scope; and (d) it cannot be deemed that the Defendant was excessively unreasonable.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, and the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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