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(영문) 서울남부지방법원 2020.03.31 2018노2571
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the Defendant asserts that the Defendant is too unaffortable and unfair, and the prosecutor asserts that it is too unaffortable and unfair.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) The lower court rendered the above sentence to the Defendant in light of the circumstances favorable to the Defendant, such as the Defendant’s age, character and conduct, family relationship, motive and circumstance of the offense, etc., and all of the sentencing factors indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, family relationship, motive and circumstance of the offense, etc., are considered, and the lower court’s sentencing is too heavy or unhued, and thus, cannot be said to have exceeded the reasonable scope of discretion, in full view of the following factors: (a) the lower court’s sentencing is too heavy or unhued, taking into account the following circumstances: (b) the Defendant’s age, character and conduct, and family relationship; (c) the Defendant’s criminal intent and circumstance during the period of suspension of execution; and (d) the Defendant’s criminal intent and circumstance after the commission of the offense.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.

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