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(영문) 창원지방법원 2020.06.11 2019노2364
도로교통법위반(사고후미조치)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, 80 hours of community service order, 40 hours of order to attend a compliance driving lecture) that the court below sentenced is too uneasible and 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, etc.). Where there exists no new circumstance to change the sentence of the lower court in the trial, and the reasons for sentencing as stated by the lower court are comprehensively considered in light of the Defendant’s age, character and behavior, environment, criminal records, motive or circumstance of the crime, circumstances after the crime, degree of traffic accident damage, etc. as stated in the lower court’s and the trial proceedings, the lower court appears to have determined the sentence within a reasonable scope by fully taking into account all the circumstances surrounding the sentencing as the grounds for appeal.

Therefore, the prosecutor's argument that the sentencing of the court below is unfair is rejected.

3. The prosecutor's appeal of conclusion 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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