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(영문) 서울중앙지방법원 2020.09.11 2019노4069
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The abstract of the grounds for appeal is driving under the influence of the defendant.

In light of the fact that there was an accident beyond the central line and that there was a number of victims, including the victims with very serious injury, etc., the sentence of the lower court (one year of imprisonment, two years of suspended execution, 40 hours of compliance driving, and 240 hours of community service order) is too unfasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Based on the foregoing legal doctrine, the following factors were considered: (a) the reasons for sentencing alleged by a prosecutor were all considered at the lower court; and (b) there was no particular change in the sentencing conditions compared to the lower court; and (c) comprehensively taking account of the factors revealed in the proceedings of the instant case, the lower court’s sentencing is too uncompared so that it exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, pursuant to Article 25 of the Rules on Criminal Procedure, the "victim F" of the second letter of the decision of the court below shall be corrected to "victim K" ex officio.

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