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(영문) 대전지방법원 2020.08.19 2020노1220
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant committed both the instant crimes and reflects the Defendant’s mistake in depth. Considering the fact that the health condition is not good, the victims of traffic accidents and fraud have not been punished against the Defendant, and that there are circumstances that may be considered in light of the circumstances leading up to the commission of sexual traffic, the lower court’s imprisonment (two years of imprisonment and additional collection KRW 165,014,897) is too unreasonable.

2. Determination

A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to 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 Decision 2015Do3260 Decided July 23, 2015). B.

In light of the above legal principles, the above circumstances alleged by the Defendant as favorable factors for sentencing in the trial are deemed to have been sufficiently taken into account when determining the sentence in the court below. In addition, when considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. as well as the circumstances in which new sentencing materials that could change the sentence of the court below were not added in the trial at the trial, the court below’s sentencing is deemed to be appropriate and it cannot be deemed to be unfair because it is too unreasonable.

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

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