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(영문) 인천지방법원 2021.02.05 2020노2982
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) is too uneasy and unreasonable. The lower court’s sentence (one year and two years of suspended sentence of imprisonment for a year and two months of suspended sentence, community service order 80 hours, and 40 hours of attending a compliance driving lecture) is too uneasible.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.

It does not appear.

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

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