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(영문) 대전지방법원 2016.06.30 2016노1075
도로교통법위반(음주운전)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of each sentence imposed by the court below against the Defendants (defendant A: imprisonment of August, a suspended sentence of two years, a community service order of 80 hours, Defendant B: a fine of two million won) is too unreasonable.

2. Determination

A. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc., the sentencing of the defendant against the defendant is deemed to have not exceeded a reasonable limit of discretion, and thus, the court below's sentencing against the defendant is deemed to be unfair because the defendant's sentence against the defendant is too excessive because the defendant's punishment is too excessive and unfair, and therefore, the defendant's improper assertion of sentencing is without merit.

B. In full view of the circumstances favorable to the defendant, such as the fact that the defendant's judgment on the defendant B is against his own mistake, but the crime also needs to be strictly punished as a crime interfering with the state's criminal justice, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentencing of the defendant is deemed not to have exceeded the reasonable bounds of discretion. Thus, the court below's sentence against the defendant is deemed to be excessive and unfair, and therefore, the defendant's improper assertion of sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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