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(영문) 서울서부지방법원 2019.07.25 2019노330
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in June, and one hundred and sixty hours of community service) declared by the court below is too unreasonable.

2. In a case 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 it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The Defendant asserts to the effect that the community service order for 160 hours imposed by the lower court on the grounds of family support, etc. is unreasonable.

However, the court below determined that the court below ordered a defendant to provide a community service for 160 hours within the reasonable scope of discretion, considering the following: (a) the degree of injury of the victim is not less minor; (b) the defendant has suspended the execution of imprisonment without prison labor for the defendant, taking into account the favorable circumstances as stated in its reasoning, and thus giving him an opportunity to do so; (c) the social service order is imposed upon him; (d) the specific method and timing of the community service order can be determined in a flexible manner by the competent probation office in consideration of all the circumstances, such as the defendant's health status and family relationship at the execution stage; and (e) there is no objective data that the defendant is either impossible or significantly difficult to perform the current community service order.

In addition, the lower court appears to have determined the suspended sentence of imprisonment without prison labor, taking full account of the overall circumstances regarding the sentencing of the Defendant, and there is no change in the new sentencing conditions that may be considered in the trial.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

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