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(영문) 서울북부지방법원 2018.10.25 2018노1022
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (the imprisonment without prison labor for six months and the suspension of execution two years, the observation of protection, the order to attend a law-abiding lecture for forty hours, the order to provide community service for 160 hours) against the Defendant is too unfased and unreasonable.

2. In cases where there is no change in the conditions of sentencing compared to the first instance court’s determination on the grounds for appeal, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, on the grounds stated in its reasoning, sentenced the Defendant to the said sentence.

All circumstances pointed out by the prosecutor in the grounds of appeal, such as the Dogl, the negligence and degree of damage of the defendant, and the non-agreement with the victim, are all the circumstances that the court below has already considered or was present in the court below's decision.

In addition, even if examining various sentencing conditions specified in the argument of this case, such as the character and conduct of the defendant, the environment, the circumstances after the crime, and the background of the occurrence of the accident identified by the black picture, the sentencing judgment of the court below exceeded the reasonable scope of discretion.

It is difficult to evaluate.

Therefore, prosecutor's assertion is without merit.

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

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