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(영문) 춘천지방법원 2016.06.23 2016노319
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the court below (the collection of 1 year, 603,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is desirable to refrain from rendering a sentence that does not change the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the sentence of the first instance court falls within the reasonable scope of discretion, it is reasonable to refrain from rendering a sentence that does not vary with the first instance court on the sole ground of the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, it is desirable to refrain from rendering a sentence that does not change the sentencing conditions compared with the lower court on the ground that new sentencing materials are not submitted in the trial, and there is no change in the sentencing conditions as compared with the lower court on the grounds that the injured person does not want the punishment of the defendant by agreement between the victim F and the lower court, and that each of the Defendant’s drug drugs was simply administered, and that the Defendant has a criminal record before a meeting, etc.).

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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