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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (10 months of imprisonment without prison labor and 2 years of suspended execution) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. If 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, the appellate court shall respect it.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this perspective, the lower court determined a sentence against the Defendant by comprehensively taking into account the following factors: (a) the Defendant’s conditions, such as the reason for sentencing, (i) the Defendant’s failure to pay attention to the death of the victim; (b) the nature of the crime is not less vulnerable to that of the victim’s death; (c) the Defendant’s failure to reach an agreement with his/her bereaved family members; (d) the Defendant’s failure to pay attention to the victim’s death; (d) the victim without permission crossing the road at night was at considerable negligence in the occurrence of the instant accident; (e) the victim’s subscription to a comprehensive insurance; and (e) the Defendant appears to have paid considerable damages to the victim’s side; and (e) the Defendant was the first offender without any previous criminal record; and (e) there is no special change in circumstances that could change the
In addition, even if examining various sentencing conditions shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, etc., it is recognized that the sentence imposed by the court below is deemed appropriate, too heavy, or excessive, exceeded the reasonable scope of discretion, and thus, the defendant and the prosecutor's argument are without merit.
3. According to the conclusion, each appeal filed by the defendant and the prosecutor is groundless, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.