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(영문) 부산지방법원 2018.04.12 2017노4962
교통사고처리특례법위반(치상)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment without prison labor, two years of suspended execution, and two hundred hours of community service order) against the Defendant on the summary of the prosecutor’s grounds of appeal is deemed unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where 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). Based on the foregoing legal doctrine, the sentencing materials against the Defendant in the first instance trial were not newly submitted, while the new sentencing materials favorable to the Defendant were submitted in the first instance trial, such as the victim D and the original agreement.

Therefore, in full view of the factors revealed in the proceedings of the instant case, the lower court’s sentencing was too unhued and thus exceeded the reasonable scope of discretion.

It does not appear.

The prosecutor's improper argument in sentencing is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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