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(영문) 춘천지방법원 강릉지원 2020.01.09 2019노502
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined that the Defendant was punished several times for the same kind of drunk driving and violent crime, and the Defendant committed each of the instant crimes during the period of repeated crime, under the circumstances that the Defendant committed a traffic accident causing human life damage due to drunk driving, and that the victims are not subject to the Defendant’s punishment. The lower court did not change the sentencing conditions compared with the lower court’s decision because the new sentencing data were not submitted in the trial, and thus, did not change the sentencing conditions compared with the lower court’s judgment, and even considering all the sentencing conditions as seen in the instant records and arguments, the lower court’s punishment is too too large and exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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