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(영문) 인천지방법원 2020.09.11 2020노1838
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Health Center and the Defendant and the Prosecutor as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered. There is no particular change in the situation regarding the factors of sentencing after the lower judgment was rendered.

In addition, considering the various sentencing conditions shown in the records and arguments of the instant case, the lower court’s sentencing is too heavy or unreasonable as it was conducted within the reasonable scope of discretion, and thus, ought to be respected.

Therefore, the defendant and prosecutor's argument of unfair sentencing is not accepted.

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

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