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(영문) 서울서부지방법원 2020.05.14 2020노75
자동차관리법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, no new circumstance exists to change the sentence of the lower court in a trial, and even if considering all factors of sentencing as indicated in the instant pleadings, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, and thus, it does not seem to have exceeded the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is without merit.

3. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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