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(영문) 부산지방법원 2020.12.10 2020노2923
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and eight months of imprisonment) is too unhued and unfair.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the poor quality of the crime in light of the criminal history, method, etc., the blood alcohol concentration is considerably high, the victims have not been agreed, the records of punishment for the same crime are several times, the errors are divided and reflected, and the liability insurance has been subscribed.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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