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(영문) 전주지방법원 2018.08.30 2018노618

특정범죄가중처벌등에관한법률위반(위험운전치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal - The lower court’s punishment is too minor.

2. All circumstances asserted by the Prosecutor as an unfavorable factor in sentencing in the trial at the trial at the trial at the court below were revealed during the hearing at the court below, and there is no change of circumstances in relation to the matters subject to sentencing after the sentence of the court below.

In addition, in full view of all the factors indicated in the records of this case, including the fact that the defendant is both aware of his criminal acts and reflects on the sentencing grounds cited by the court below, and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the punishment of the court below is too unfasible and exceeded the reasonable scope of discretion in the court's determination of sentencing.

Since the prosecutor's assertion cannot be accepted.

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.