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(영문) 전주지방법원 2019.07.24 2019노615
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court is unreasonable as it is too uneasible to the extent that the sentence of imprisonment (limited to eight months of imprisonment, two years of suspended execution, community service, 160 hours in social service, and 40 hours in the law-abiding driving lecture

Judgment

It is reasonable to respect the sentencing of the first instance court in cases where 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). We examine the following: (a) there is no change in the conditions of sentencing compared to the original judgment because new data on sentencing have not been submitted in the trial; and (b) comprehensively considering the factors of sentencing revealed in the oral proceedings of the instant case, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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