(영문) 춘천지방법원 2017.02.09 2016노1344 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 춘천지방법원 2017.02.09 2016노1344

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. Although the sentencing of the first instance court falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that the difference between the view of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal principles, in light of the fact that the Defendant deposited KRW 10 million on behalf of the victim at the first instance court, but the victim filed a written application against the Defendant’s complaint with the appellate court, it is difficult to view that the above deposit was a circumstance that could change the sentencing ( even if considering this, considering the nature of the crime of this case, the number of the victim’s drinking, and the degree of damage to the victim, etc., the lower court’s sentencing is appropriate.

In addition, there is no change in the conditions of sentencing compared to the court below. In full view of all the reasons for sentencing as stated by the court below, it is not recognized that the sentencing of the court below is too heavy or it exceeded the reasonable scope of discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-춘천지방법원 2016.08.11 2015노543

-춘천지방법원 2016.09.29 2016노503

-서울고등법원 2016.01.29 2015노3260

-부산지방법원 2017.03.17 2017노120

-춘천지방법원 2017.02.09 2016노1277