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(영문) 서울중앙지방법원 2021.02.02 2020노2567
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the penalty of KRW 15 million) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. It is reasonable to respect the sentencing in the appellate court where there is no change in the conditions of sentencing compared to the judgment in the first instance court, and where the sentencing in the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the aforementioned legal principles, there is no change in the conditions of sentencing compared with the judgment of the court below because new sentencing data have not been submitted in the health room and the appellate court. In this case, there is no change in the conditions of sentencing compared with the judgment of the court below since the defendant escaped after the defendant got out of the scene of traffic accident due to signal violation, and the parked vehicles have been parked in the scene, and there is an unfavorable circumstance such as the poor nature of the crime, the number of victims, and the failure of the victims to agree with the victim. On the other hand, the defendant is deemed to have no record of punishment for the same kind of crime, and the defendant appears to have been admitted to liability insurance and thus has been partly recovered from the victims through an insurance company.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

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

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