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(영문) 대구지방법원 2020.08.28 2020노9
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for a term of one year, three years of suspended sentence, 40 hours of an order to attend a community service order, 160 hours of an order to provide community service) imposed by the lower court is too unfasible and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court determined a sentence by comprehensively taking account of various circumstances (such as: (a) as indicated in its reasoning, the Defendant recognized a mistake; (b) the degree of injury suffered by the victim is minor; and (c) the Defendant’s vehicle is subscribed to a comprehensive motor vehicle insurance policy.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive and means of crime, circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unfasible, even if the lower court’s sentencing was considered in light of all of the conditions of sentencing

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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.

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