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(영문) 서울서부지방법원 2016.07.21 2016노459
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

Defendant

All of the appeal filed by A and the appeal filed by the Prosecutor B and C shall be dismissed.

Reasons

1. Determination on Defendant A’s grounds for appeal

A. The gist of the grounds for appeal is too unreasonable that the sentence imposed by the court below (a punishment of imprisonment with prison labor for a maximum of one year and six months, a short of one year and a fine of 200,000) is too unreasonable.

B. There is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted at the trial of the original court. In full view of all the reasons for sentencing as stated by the lower court, the original judgment’s sentence is within the scope of the discretion of sentencing assigned to the original court, and it cannot be deemed unfair due to its proper and excessive absence of sentencing.

Therefore, Defendant A’s argument of sentencing is rejected.

2. Determination on the grounds for appeal against Defendant B and C by the prosecutor

A. The lower court’s sentencing (the suspended sentence of each of the respective sentences) is deemed to be too unfluent and unfair, as the gist of the grounds for appeal against Defendant B and C by the prosecutor.

B. In full view of the reasons for sentencing as stated by the court below, the sentence of the court below on Defendant B and C is that the sentence of the court below on Defendant B and C was made within the scope of the court’s discretion of sentencing, and thus, it is minor that

Therefore, the prosecutor's argument of sentencing against Defendant B and C is not acceptable.

3. According to the conclusion, the appeal filed by Defendant A and the appeal filed by the Prosecutor against Defendant B and C is without merit, and thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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