logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.10.30 2020노1364
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 12 million won) by the lower court is deemed to be too unhued and unfair.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.

In full view of the above circumstances and the recent circumstances that can be considered in the family condition of the defendant, such as the attitude of the defendant's wife, and the age, character and conduct, environment, motive and means of crime, consequences of crime, etc., the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the court below is uneasible.

3. In conclusion, the prosecutor'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.

arrow