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(영문) 대전지방법원 2019.10.17 2019노558
자동차관리법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal: Each of the lower judgment on each of the Defendants on the grounds of unfair sentencing (a fine of KRW 700,000) is too unreasonable.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition to these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of various sentencing conditions expressed in the records and the trial process of the instant case, each of the lower judgment’s sentencing against the Defendants does not seem to have exceeded the reasonable scope of discretion, and there is no change in the new sentencing condition that it is unreasonable to maintain each of the lower judgment’s sentencing against the Defendants in the trial proceedings.

Therefore, it is not recognized that each sentence imposed by the lower court against the Defendants is too unreasonable.

3. As such, the Defendants’ respective appeals are without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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