logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.11.13 2020노734
교통사고처리특례법위반(치사)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment without prison labor for one year, two years of suspended execution, community service hours for 80 hours) that the court below sentenced to the defendant is too uneasible and unfair.

2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Prosecutor as an element of sentencing have already been discovered and sufficiently considered in the hearing process of the lower court, and no particular change of circumstances was found in the matters subject to sentencing after the lower judgment was pronounced.

In addition, considering the various sentencing conditions shown in the records and arguments of this case, the sentencing of the court below is conducted within the reasonable scope of discretion, and it is reasonable to respect it as it is too unjustifiable.

Therefore, the prosecutor's argument of unfair sentencing is not 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