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(영문) 서울남부지방법원 2020.10.30 2020노377
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 20 million (a fine of KRW 20 million) is too unhued and 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In general, the lower court determined the punishment by taking into account various circumstances as stated in its reasoning.

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 all the sentencing factors indicated in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and circumstances after the crime, the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion because it is too unfeasible.

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.

(However, Article 148-2 (3) 2 of the Road Traffic Act is clear that the "Article 148-2 (1) of the Road Traffic Act" is a clerical error in the "Article 148-2 (1) of the Road Traffic Act" and Article 25 (1) of the Regulations on Criminal Procedure, which shall be corrected ex officio, in accordance with

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