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(영문) 서울북부지방법원 2021.03.04 2020노1962
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) against the defendant on the summary of the grounds of appeal (unfair sentencing) is too unreasonable.

2. The grounds for sentencing alleged by the Defendant in the trial at the lower court appear to have been considered in the sentencing at the lower court. In full view of the various circumstances indicated in the records and the theory of changes, including the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, the circumstance after the crime, etc., the lower court’s sentence cannot be deemed unfair on account of the absence of any new circumstance that may be considered in the sentencing after the sentence of the lower court, the conditions for sentencing compared to the first instance court do not change, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015).

Therefore, the defendant's assertion is without merit.

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

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