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(영문) 수원지방법원 2020.02.14 2019노7228
교통사고처리특례법위반(치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing 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 full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant committed each of the instant crimes without being aware of the period of repeated offense, and the fact that it was not agreed with the victim of the traffic accident) that the sentencing of the lower court is too unreasonable, and thus, it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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