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(영문) 울산지방법원 2017.05.11 2017노382

자동차관리법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (two years of suspended execution in August, community service, 160 hours in social service, and 40 hours in a compliance driving) that the court below sentenced the defendant is unreasonable because it is too unfasible.

Judgment

In full view of the Defendant’s age, character and character environment, motive means of crime, circumstances after crime, etc. as well as various conditions of sentencing indicated in the present case’s pleadings and records, the lower court exceeded the scope of sentencing discretion sentenced to the Defendant.

It is not recognized that it is unfair because it is too unfluent enough to be assessed.

In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act (Provided, That it is evident that the "order to attend a community service" was omitted after the "order to attend a community service" of the 16th page of the judgment below, and thus, it is corrected ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure.).