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(영문) 서울서부지방법원 2020.03.23 2019노1357
도로교통법위반(음주운전)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The gist of the grounds for appeal - With respect to the lower court’s sentence of unreasonable sentencing (one year of imprisonment), the Defendant asserts that the sentence is too high, and the prosecutor’s punishment is too low and thus unfair.

2. The lower court determined the sentence by comprehensively taking account of the various circumstances as indicated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even if considering all the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, it does not seem that the sentencing of the lower court is too heavy or unhued, thereby exceeding the reasonable scope of discretion.

Defendant

The prosecutor's assertion is without merit.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

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