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(영문) 서울서부지방법원 2016.05.26 2016노394

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence to six months of imprisonment) on the gist of the grounds of appeal is too unfasible.

2. We examine the judgment, and even if the defendant had the record of punishment for the same kind of crime, the defendant committed the crime of this case. However, on the other hand, the defendant led to confession and reflect, the defendant was compensated for damage with a comprehensive insurance that the defendant joined, and in addition, the defendant agreed with the victim at the trial, and the court below's sentence is appropriate in full view of all the conditions of arguments and the records, such as the defendant's age, career, sexual conduct, and circumstances after the crime. Thus, the prosecutor's improper assertion of sentencing is without merit.

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.