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(영문) 인천지방법원 2020.07.24 2019노4024
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for a year of imprisonment without prison labor, and 80 hours of probation and community service order) declared by the court below is too uneasible and unreasonable.

2. In a case 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the circumstances asserted by the prosecutor as the reason for appeal, the lower court’s sentence was determined in consideration of the favorable circumstances and unfavorable circumstances for the Defendant, as stated in the reason for sentencing, and there was no change in circumstances to consider the sentencing following the lower judgment (the victim’s bereaved families expressed their intent not to punish the Defendant on the condition that the amount of criminal agreement is paid) and other various sentencing conditions specified in the records and pleadings, even if considering the circumstances asserted by the prosecutor as the reason for appeal, it is unreasonable to deem that the lower court’s sentence is too unjustifiable.

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

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