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(영문) 창원지방법원 2016.09.22 2016노1655

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (the imprisonment of eight months, the suspension of execution of two years, community service hours 80 hours, and the instruction of compliance driving 40 hours) is too uncomfortable and unfair.

2. The court below decided that the defendant's punishment was determined by taking full account of the circumstances surrounding the sentencing as stated in detail on the grounds of the sentencing, and that it is within the reasonable scope.

In addition, there is no circumstance that can be newly considered in the judgment of the court, and therefore, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too unfilled.

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.