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(영문) 수원지방법원 2018.06.15 2018노521
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment and two years of suspended execution) is deemed to be 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 Decision 2015Do3260, Jul. 23, 2015). The lower court determined a sentence against the Defendant by taking account of the following factors: (i) the Defendant’s unfavorable circumstances; (ii) the Defendant was driving under the influence of alcohol; (iii) the occurrence of a traffic accident; and (iv) the injured victim caused the instant crime; (ii) the extent of damage to nine; (iii) the Defendant recognized all the facts of the instant crime; (iv) the Defendant was favorable; (iii) there was no history of punishment against the Defendant; (iv) the victims were not subject to the Defendant’s punishment by agreement with the victims; and (v) the Defendant has a high possibility of edification in the future as much as possible; and

As above, the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by fully taking into account the above conditions of sentencing, and there is no change in the sentencing condition that can be deemed unfair to maintain the sentencing of the lower court as it is. Therefore, it is difficult to view that the lower court’s sentencing is unfair because it is too too un

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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