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(영문) 대전지방법원 2021.03.31 2019노3510
교통사고처리특례법위반(치상)
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (1.5 million won) against the defendant of the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Taking into account the favorable or unfavorable circumstances of the Defendant as stated in the lower court, as well as various sentencing conditions, such as the Defendant’s age, sex, environment, method and consequence of the crime, etc., in full view of the circumstances that the Defendant denied the facts charged in the instant case and recognized it as having reached the first instance court, and thus, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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

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