beta
(영문) 인천지방법원 2017.10.18 2017노2478

특정범죄가중처벌등에관한법률위반(도주치상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the lower court on the Defendant (two years of suspended execution, one hundred and twenty hours of community service, and forty hours of attending lectures in October) is too uneasy and unreasonable.

2. Taking into account the various sentencing conditions as shown in the instant judgment records and arguments, the lower court’s sentence is too unfasible and unreasonable, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “No. 2” as “No. 12” of the judgment below No. 3.