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(영문) 서울남부지방법원 2020.09.18 2019노2645
업무상과실치사
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court rejected all applications for compensation order filed by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation failed to file an appeal against the judgment dismissing the application for compensation order. Therefore, all of the rejection parts of the application for compensation order were immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. The summary of the grounds for appeal (e.g., in a case of imprisonment without prison labor for six months, one year of suspended execution, and 80 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

3. 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 in the appellate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the health class, the lower court determined the sentence by comprehensively taking into account various circumstances as indicated in its reasoning, and there is no new circumstance to change the sentence of the lower court in the trial. In addition, 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 offense, and circumstances after the offense, the lower court’s sentencing is too unfilled and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

4. In conclusion, 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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