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(영문) 서울중앙지방법원 2020.06.17 2019노2637
도로교통법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the grace period of a fine of KRW 300,00) pronounced by the court below is unjust.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances a prosecutor asserts as an element of sentencing in this court were already revealed in the hearing process of the lower court. There is no particular change in the situation in the sentencing guidelines and the matters subject to the conditions of sentencing after the pronouncement of the lower judgment.

Examining the above circumstances in full view of the Defendant’s age, character and conduct, environment, motive and means of committing a crime, consequence, circumstances after committing a crime, and all of the sentencing conditions indicated in the instant arguments and records, it cannot be deemed unfair because the sentence imposed by the lower court is uneasible.

Therefore, the prosecutor's above assertion is without merit.

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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