logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2019.11.28 2019노1871
특정범죄가중처벌등에관한법률위반(도주치사)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment and five years of suspended execution) is too unhued and unreasonable;

2. Determination

A. 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). B.

The court below held that the defendant is driving without a license during illegal stay.

In light of the unfavorable circumstances that led to the death of the victim because of traffic accidents and taking appropriate relief measures, the defendant committed the crime of this case, and the bereaved family members agreed with the victim's bereaved family members and the bereaved family members and the bereaved family members did not want criminal punishment.

C. Based on the legal principles as seen earlier, there is no change in the above sentencing conditions compared with the lower court, and in light of the Defendant’s age, character and conduct, motive of the crime, circumstances after the crime, etc., the sentencing grounds revealed in the argument process of the instant case, and the sentencing guidelines for the enactment of the Supreme Court’s Sentencing Committee, etc., the lower court’s sentence is too unfeasible, and thus,

Therefore, the prosecutor's argument of unfair sentencing cannot be accepted.

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

arrow