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(영문) 대법원 2020.03.24 2020도2297
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

The reasoning of the judgment of the court of first instance is as follows: "1. Commercial concurrence" among the grounds for the judgment of the court of first instance is applicable.

Reasons

We examine the grounds of appeal.

The argument that the lower court’s failure to make an incomplete deliberation on the determination of sentencing infringes on the essential contents of the principle of balanced criminal punishment or the principle of responsibility falls under the assertion of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the first instance judgment, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the

March 24, 2020

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