(영문) 인천지방법원 2021.03.26 2020노4372 | 리걸엔진

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2021.03.26 2020노4372

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance court. As such, in a case where there is no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, in the instant case, there is no particular change in the sentencing conditions because new sentencing data are not submitted in the health room, the first instance court did not change the sentencing conditions, and the victim E submitted a written application for a written application for a carbon or a penalty in the trial, but in light of the fact that the physical damage of the said victim was already recovered in the first instance court, it does not seem to be a special change in the situation to the extent that the original judgment changes its sentencing.

In addition, given that the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and other circumstances that are conditions for sentencing as shown in the instant records and pleadings, the lower court’s punishment was too excessive and exceeded the reasonable scope of discretion.

shall not be deemed to exist.

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, and it is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, the defendant's appeal is corrected as adding "the victim" in front

참조조문

-형사소송규칙 제25조 제1항

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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