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(영문) 수원지방법원 2017.10.20 2017노3468
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (ten months of imprisonment, two years of suspended execution, 160 hours of community service order, and 40 hours of lecture for compliance driving) is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to 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). The lower court, under the circumstances unfavorable to the Defendant, determined the sentence against each Defendant by taking into account (i) the Defendant, under the circumstances unfavorable to the Defendant, even though there was a history of punishment of a fine due to a crime of violating the Road Traffic Act (dacting driving) around 2013, the Defendant was committed for the same kind of crime, and (ii) one of the victims was inflicted a serious injury, and there was a bad condition after the crime, (ii) one of the victims was committed, and (iii) the Defendant was committed against the mistake, and the victims were not willing to be punished against the Defendant.

In addition to the above sentencing conditions, even if comprehensive consideration of the sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, sexual conduct, environment, and motive for committing a crime, which are shown in the records and changes of the sentencing guidelines of the court below, including the examination of the sentencing guidelines of the court below, the sentencing of the court below appears to have been conducted within the reasonable scope of the discretion. There is no change in special circumstances that may be assessed differently from the sentencing conditions of the court below up to the trial of the court below, and therefore, it is difficult to view that

Therefore, the prosecutor's above assertion is without merit.

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

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