logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.11.30 2018노2911
교통사고처리특례법위반(치사)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (two years of suspended execution of one year of imprisonment without prison labor, two years of surveillance of protection, 40 hours of lectures to observe law, and 200 hours of social service) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. The lower court rendered a sentence by taking into account the circumstances unfavorable to the Defendant, as well as favorable to the Defendant.

When comprehensively taking into account the conditions for sentencing, the applicable sentencing, and the sentencing guidelines in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion.

There is no other circumstance in which it is deemed unfair to maintain the judgment of the court below as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, circumstances after the crime, etc., the sentence of the court below cannot be deemed unfair because it is too heavy or too unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

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

arrow