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(영문) 의정부지방법원 2018.11.15 2018노2919
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. According to our criminal litigation law, which takes the principle of judgment-oriented trial and the principle of direct trial, there exists a unique area of sentencing as to sentencing. In addition, in light of the ex post facto core nature of the appellate court, it is reasonable to respect the first instance judgment if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance judgment on the sole ground that the sentence of the first instance judgment differs from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015; Supreme Court Decision 201Do3260, Jul. 23, 2015; Supreme Court Decision 600Do424, Apr. 2, 2014).

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