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(영문) 대전지방법원 2021.03.31 2019노3346
특정범죄가중처벌등에관한법률위반(위험운전치사)등
Text

The defendant's appeal is dismissed.

Reasons

The sentence of the court below (10 months of imprisonment) against the defendant in summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Taking into account the favorable or unfavorable circumstances of the Defendant as stated in the lower court, as well as various sentencing conditions, such as the Defendant’s age, sex, behavior, environment, family relationship, motive for committing an offense, method of committing an offense, etc., even if considering that the Defendant does not want punishment against the Defendant by mutual consent with the victim’s bereaved family members, it is not recognized that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the “National Act on the Aggravated Punishment, etc. of Specific Crimes” in the judgment of the court below is corrected to the “former Act on the Aggravated Punishment, etc. of Specific Crimes”.

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