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(영문) 춘천지방법원 강릉지원 2019.11.28 2019노433
해사안전법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(2) The lower court determined the punishment in light of the circumstances that the Defendant had been punished several times due to driving of a motor vehicle, and the fact that the Defendant had a high risk of another person’s life, property, etc. by drinking and driving a motor vehicle without boarding the motor vehicle. In so doing, the lower court did not change the sentencing conditions compared with the lower court, and did not change the sentencing conditions in light of all the following: (a) the Defendant’s age, character and behavior, environment, motive and means of the crime, circumstances after the crime, etc.; and (b) the lower court’s punishment is too excessive and exceeded the reasonable scope of discretion, even in light of all the sentencing conditions as indicated in the instant records and arguments, including the Defendant’s age, character and behavior, and environment, motive and means of the crime, and the circumstances after the crime.

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

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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