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(영문) 서울중앙지방법원 2019.08.22 2018노4045
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and fine of one hundred and fifty thousand won) is too unreasonable.

2. Unless the first instance court’s determination of sentencing is deemed to have exceeded the reasonable scope of discretion, or the first instance court’s determination of sentencing is deemed to be unreasonable in full view of the newly discovered materials in the appellate court’s appellate court’s determination of sentencing, it is reasonable to respect the first instance court’s determination of sentencing, unless there exist circumstances such as deeming that it is unfair

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the circumstances alleged by the Defendant as an element of sentencing were already revealed in the hearing process of the lower court and sufficiently considered, and there was no new circumstance to change the sentence of the lower court in the trial. No new circumstance was found in the lower court that the Defendant was subject to punishment five times due to drinking driving and the violation of motor vehicle accident compensation, and the Defendant’s confession, and the Defendant’s mistake was divided by his/her mistake, and all other favorable factors such as the Defendant’s age, character and behavior, environment, motive and process of the crime, circumstances after the crime, etc. were committed, and all the sentencing factors indicated in the instant records and arguments do not seem to have exceeded the reasonable scope of discretion, considering the lower court’s sentencing too much, even in light of the overall sentencing factors indicated in the instant records and pleadings.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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