beta
(영문) 인천지방법원 2016.11.23 2016노3806

도로교통법위반(음주운전)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Considering the circumstances asserted by the Defendant and the Prosecutor as the grounds for appeal, the lower court’s punishment is too heavy or too uncomfortable, even if it is considered that the Defendant and the Prosecutor were too heavy, and thus, cannot be deemed unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, according to Article 25 of the Regulation on Criminal Procedure, the "C" of Section 1 of the judgment of the court below as "H" is raised.