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(영문) 서울남부지방법원 2019.09.24 2018노1891
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment of 12 million won (a fine of 12 million won) too unreasonable.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion on the grounds that the Defendant’s age, character and conduct, family relation, motive and circumstance of the crime, and all of the sentencing factors indicated in the instant records and arguments, including the following: (a) the Defendant’s act of causing a traffic accident after drinking, and the act of escaping without aiding and abetting the victim after a traffic accident; (b) the Defendant had no record of criminal punishment; (c) the Defendant has agreed with the victim; and (d) the Defendant has no special circumstances or changes in circumstances that may be considered for sentencing newly in the trial; and (e) the Defendant’s age, character and conduct, family relation, motive and circumstance of the crime, and circumstances after the crime.

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

However, the application of the law of the judgment below is in the third place.

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