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(영문) 인천지방법원 2020.08.14 2019노4200
교통사고처리특례법위반(치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (five million won of a fine) is too unhued and unfair.

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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following: (a) no change in circumstances that may be considered in sentencing after the lower judgment; (b) the victims are relatively heavy; and (c) victims are not punished; and (d) various sentencing conditions indicated in the instant records and arguments, including the fact that the prosecutor claims as grounds for appeal, the lower court’s sentence is too unjustifiable even if considering the circumstances asserted as grounds for appeal by the prosecutor.

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

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