beta
(영문) 서울서부지방법원 2016.11.28 2016노1130

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled and unreasonable.

2. The judgment of the court below seems to have determined the punishment in consideration of all the circumstances stated in the decision of the court below, and there was no change in circumstances in the trial.

In addition, considering various sentencing conditions shown in the records and pleadings, such as the background and means of the crime, the circumstances after the crime, the defendant's career, character and conduct, environment, etc., the lower court's punishment is deemed appropriate and it cannot be deemed unreasonable to the extent that the lower judgment should be reversed

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.