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(영문) 서울북부지방법원 2019.11.29 2019노1652
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. In a case 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not appear to have exceeded the reasonable scope of discretion, even when comprehensively considering the factors revealed in the arguments in the instant case including various circumstances considered in sentencing.

In particular, the court below determined the punishment against the defendant by taking into account the circumstances favorable to the defendant's family environment and living conditions, and the circumstances favorable to the punishment claimed by the defendant and his/her defense counsel have already been considered by the court below while determining the punishment of the defendant. The court below seems to have been fully considered in determining the punishment of the defendant.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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